Charges dropped as magazine publishes

A magazine publisher accused of conning local business owners out of advertising dollars is off the hook after prosecutors with the Bernalillo County District Attorney's Office decided last week to no longer pursue the case.

Robert Castillo first came to surface more than a year ago after visiting dozens of Albuquerque area business owners to sell advertising space in a new, family-oriented magazine.

Business owners who agreed to advertise eventually grew impatient and suspicious after repeated promises to produce the magazine did not come to fruition.

"I felt I was lied to," business owner Carlos Jaramillo told News 13 last year.

Castillo was arrested in July 2008 and charged with multiple counts of fraud.

He was supposed to stand trial in December.

But things changed when the first issue of New Mexico Family Magazine and Guide finally came out.

"I promised them I'd get it out. It took a while but I got it out,' Castillo told News 13 in April, shortly after the magazine was released.

The fact he finally produced a product convinced prosecutors they'd have a tough time prosecuting the case.

"Our original theory that he was not intending to produce the magazine is no longer viable because he has produced it," said Pat Davis, spokesperson for the district attorney's office. "New Mexico law doesn’t criminalize bad business practice."

Business owners contacted by News 13 said Wednesday they were disappointed with the prosecutors' decision.

While all of their advertisements appeared in the first issue, some didn't get the extras they paid for like news articles and advertisements in multiple issues.

According to the D.A.'s office, the business owners still have the option to sue.

"Whether that magazine came out as promised is a sore question and probably one that needs to be handled in the civil realm," Davis said.

Castillo told News 13 over the phone he is relieved the case was dismissed and anxious to move on with the magazine.