Daniel Franco behind bars again after two cases were dropped


ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man known for causing trouble with the police is back at it after getting off the hook twice in the past year. A police chase with an officer-involved shooting, aggravated assault, and battery, and breaking and entering are just some of the recent charges on Daniel Franco‘s lengthy rap sheet.

“Mr. Franco is a dangerous person. This evening, New Mexico State Police was able to take a violent person off of the street,” New Mexico State Police Lt. Mark Soriano told us back in 2019 after a SWAT standoff.

However, just last year, two of those recent cases were dropped. In March, prosecutors said NMSP needed to do further investigation into the 2019 chase. Then in November, another case was dropped where he was charged with felony assault and battery. According to the District Attorney’s Office, victims and witnesses had become “uncooperative” as a result of ongoing threats and drive-by shootings at their residence, causing them to fear retaliation from Franco.

Back in 2019, following numerous SWAT standoffs and police calls to the Franco family homes near 6th and Mountain, neighbors say they were fed up with the family seemingly getting away with crimes. This was before the more recent cases were dropped. “They just think they can do whatever they want and are above the law,” a neighbor said, anonymously.

The District Attorney’s Office issued the following statement:

“Our Office successfully moved to detain Mr. Franco who is currently in custody for November 2020 charges and the State is actively prosecuting him in that case. The prior cases continue to be under review and are within the statute of limitations. In those cases witnesses essential for prosecution were unwilling to cooperate, however if new information arises those cases can be re-initiated.”

New Mexico State Police also issued the following statement, regarding the police chase case being dropped:

On March 10, 2020, the court prosecution of both Daniel Franco and Cynthia Franco was Nolle Prosequi. The case against Daniel Franco was vacated by the Second Judicial Assistant District Attorney Gray due to evidence in the case against Franco causing prosecutorial difficulties after a laboratory report was received from The Albuquerque Police Department Crime Laboratory report, dated August 22, 2019.

On April 17, 2020, the case agent was contacted by the 2ND Judicial District Attorney’s Office, who requested that the case agent submit all evidence related to this investigation to the State of New Mexico Northern Forensic Laboratory for Y-STR DNA testing.  The results for this testing are pending.

The investigation is inactive pending the test results from the Northern Forensic Laboratory.  Once the results are available, the will be provided to the Second Judicial District Attorney’s Office for review and a determination of charges.

Now, Franco is back behind bars, accused of breaking into a man’s home back in November, just as the man was getting out of the shower. Police say after Franco fled the home, he broke into another home before officers caught up to him.

In that case, pretrial detention was granted and Franco is currently being held without bond. Online court records have Franco’s trial set for June.

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