ALBUQUERQUE, N.M. (KRQE) – A man arrested by the Albuquerque Police Department for a suspected DWI crash is out on the streets despite there being evidence of at least a couple of crimes. How did he get what some might call a big break?

Cecil Kuckup was arrested after APD says they found him passed out behind the wheel having crashed into a van in December 2020. Witnesses watched as Kuckup’s bright yellow truck drove around, seemingly drunk, near Montgomery and I-25 and called it into APD.

When officers arrived on the scene they found a passed-out Kuckup, his truck smashed into the back of a minivan. The truck was locked and all the windows were rolled up. Their only option was to keep hitting the glass and yelling for him to open up.

Once they got Kuckup out he could barely stand. They found he was driving on a revoked license due to a previous DWI.

During questioning, Kuckup tried to get back into his truck leading to a scuffle with officers. One officer claims Kuckup punched him in the face. That hit earned Kuckup another charge of assault and a trip to jail.

The case, however, has since been dismissed. Court documents say that’s becaust the police videos were never turned over to the defense. The state says videos weren’t turned over because of a mix up with the recordings.

They say there were multiple lapel recordings and some were tagged under different case numbers. According to court documents charges can be re-filed.