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Updated: Monday, 10 Dec 2012, 6:03 PM MST
Published : Monday, 10 Dec 2012, 1:32 PM MST
ALBUQUERQUE (KRQE) - The criminal case against a recent president of the Albuquerque police union was dismissed by a judge Monday morning when two key witnesses did not show up in court.
Former Officer Filiberto "Joey" Sigala, who served as president of the Albuquerque Police Officers Association, had been charged with battery and deprivation of property.
One of those witnesses was the alleged victim: Sigala's wife.
Investigators tried to serve her with a subpoena several times in November. On one occasion, she told investigators she did not want to prosecute.
"On Dec. 7, 2012, I spoke with the victim on the phone," David Shelle, assistant district attorney, said in court. "She said that she had not been served and adamantly stated she would not testify."
The case started in May when Sigala's wife told police he had roughed her up at a northwest Albuquerque home while he was wearing his badge and duty weapon. She said Sigala took her phone, money and electronic-benefits card and hit her in the face.
Another person at the home that day also did not show up for court Monday.
"The state anticipated that these witnesses may not appear today but had hoped that they would change their minds," Shelle said. "Unfortunately, they chose not to appear, and as a result the state cannot move forward without their testimony."
Sigala, an eight-year veteran of the Albuquerque Police Department, was placed on leave after the alleged incident and was fired in July. The state Law Enforcement Academy Board recommended revoking Sigala's certification in October.
The Department of Public Safety said Sigala is fighting to keep his certification.
A representative from the state Human Resources Department said an investigation into why Sigala's wife had an EBT card has been completed and that they are waiting on a hearing decision.
Sigala resigned as president of the APOA in March amid a different controversy .
He came under fire earlier this year for paying officers involved in shootings, which he called decompression money for officers under stress but critics labeled a bounty for the shootings. Questions also arose about other union spending.
APOA officials said they handed over an audit of the police union's finances to New Mexico State Police 10 weeks ago. A State Police spokesperson said an investigation into payments Sigala made from union funds to both his wife and himself has not been completed.
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