DA defends high-profile DWI dismissal
ALBUQUERQUE - A repeat drunken driver whose DWI dismissals far outnumber his convictions escaped another DWI charge last month when the Bernalillo County District Attorney’s Office decided not to prosecute.
Court records show William Marchiondo, 57, with nine DWI arrests dating back to 1985. Two of those cases resulted in convictions.
"It should be a huge red flag," DWI Resource Center Director Linda Atkinson told News 13. "It should be huge for anybody that looks through these records."
Marchiondo faced his last DWI arrest in March 2008. Police found him passed out behind the wheel in northeast Albuquerque with the car still in gear, according to the criminal complaint.
His breath alcohol test came back with a reported result of 0.12, well above the 0.08 legal limit for presumed intoxication.
Late last month the Bernalillo County district attorney’s office decided not to prosecute the case.
"We moved through the normal process and actually had a trial date set for this case," district attorney spokesperson Pat Davis said.
But prosecutors later chose not to continue with case because of concerns the speedy trial rule had expired. Confusion arose after a vacated trial date that threw the case into limbo, Davis said.
"We shouldn’t be pursuing cases that we’re not confident we have a legal ground to stand on," Davis said. "And that’s the case here."
Court records show the DA’s office decision resulted in Marchiondo’s fifth DWI dismissal.
"I feel relatively safe in saying that he knows people," Atkinson said.
Marchiondo is the son of a prominent Albuquerque attorney. Davis, and Jason Bowles, Marchiondo’s defense attorney, deny any implication family connections played in Marchiondo’s favor.
"I am just as disappointed, as a citizen, to see that the system didn’t work in this case," Davis said. "But that doesn’t necessarily mean that it’s time to lay blame on one place or the other.
"What it means is we need to look at the system and how we can move this stuff through the process better."
Marchiondo’s first DWI conviction came in 1986. It was followed by a string of dismissals in 1991, 1992, 1997 and 2008 from arrests in Albuquerque, Santa Fe, and Moriarty.
The charge recently dismissed by prosecutors was laced with extensions to the judicial system’s six-month rule to prosecute. Marchiondo changed defense attorneys three times.
"It sparks my ire," Atkinson said. "I just don’t think we’re holding him accountable, and I don’t think it’s keeping the community safe."
Marchiondo is appealing his 2007 DWI conviction, but Davis said prosecutors are committed to defending the conviction.
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