Charge against former DA spokesman dismissed

A domestic violence case against a former Bernalillo County District Attorney’s Office spokesman has been dismissed, according to court records.

Michael Patrick was charged with one count of battery on a household member for allegedly hitting and pushing his wife, KOAT-TV anchor Shelly Ribando, at their Albuquerque home in April. Patrick was initially placed on leave by the 2nd Judicial District Attorney’s Office and later fired.

A notice of dismissal filed by special prosecutor David Foster on May 27 says the case was dismissed “based on the fact that the victim in the matter does not wish for a criminal case to proceed, as well as the fact that the deficiencies in the police investigation caused there to be insufficient evidence for there to be a reasonable probability of establishing guilt beyond a reasonable doubt at trial.”

The notice did not elaborate on what the deficiencies in the Albuquerque Police Department investigation may have been.

“Unfortunately, it can be challenging to prosecute domestic dispute cases if family members decide not to press charges,” APD spokesman Gilbert Gallegos said in an email. “We encourage victims to reach out to our Family Advocacy Center if they would like to access services outside of the judicial system.”

A criminal complaint said an agent from credit card company called police after Ribando told the agent while on the phone that her husband hit her.

“Mr. Patrick’s case was dismissed because he did not commit domestic violence on his wife,” Patrick’s attorney, Nicole Moss, said in an email. “Ms. Ribando was fully cooperative with law enforcement during the investigation, but never self-identified as a victim. The entire incident was the result of a misunderstanding by a customer service representative and came to the appropriate resolution, dismissal.”

Bernalillo County District Attorney spokesman Adolfo Mendez said the office recused itself from the case immediately.

Foster said he couldn’t comment on the case.

The charge was dismissed without prejudice, meaning it can be refiled.