There is a little thing called "prosecutorial discretion." The DA didn't have file charges. He had better hope this guy wants a plea deal. I just left Albuquerque after living there for three years and I don't think there are twelve people anywhere in New Mexico who will convict this guy.
I will add, the court system in Abq. is very political, perhaps more so than I've seen anywhere else I've lived.
"I am allergic to piety, it makes me break out in rash judgements." - Penn Jillette
"I have never killed a man, but I have read many obituaries with a lot of pleasure." - Clarence Darrow
"The man who invented the telescope found out more about heaven than the closed eyes of prayer ever discovered." - Robert G. Ingersoll