Repeat-offender case review · 2020–2026
In the Courtroom of Judge Brittany Maldonado Malott
Bernalillo County Metropolitan Court
42 cases adjudicated · 32 problematic dispositions
- 3Incompetent findings
- 19Failure to prosecute
- 10State dismissals (nolle prosequi)
- 0Deferred dismissals
Analysis
Repeat-offender dismissals in this courtroom
This page reviews 42 criminal case dispositions of known repeat offenders in the courtroom of Judge Brittany Maldonado Malott from 2020 through mid-2026. 32 of those cases ended in a non-merits resolution — 76% — meaning the underlying charge was not resolved by acquittal, conviction, or plea.
In the featured examples below, many of the same defendants were charged again after the case was closed.
What counts as “problematic.” Across a study of more than 5,000 cases involving 150 prolific repeat offenders in New Mexico, a disposition is treated as problematic when it does not resolve the charge on the merits. That includes findings of incompetence, failure to prosecute, State notices of dismissal (nolle prosequi), and deferred dismissals. Valid reasons can exist in individual cases. The question this record raises is pattern and consequence, not a single file.
Disposition snapshot
Cases not resolved on the merits
32 problematic · 10 not problematic, of 42 reviewed.
ProblematicNot problematic
How the 32 problematic cases closed
Non-merits (problematic) disposition types in this courtroom:
Problematic dispositions by time period
Open a period to read the featured cases from the narrative. Each card keeps the original paragraph and flags the disposition type.
2020–2021 Early Signals of Recurring Dismissal 4 featured cases
January 2020
Robert Rion
In January 2020, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Breaking and Entering case against Robert Rion, who had 12 prior cases. Rion faced new charges of Trespass in May 2020.
January 2020
Richard Romero
In January 2020, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery upon a Peace Officer case against Richard Romero, who had 23 prior cases. Romero faced new charges of Attempt to Commit a Felony, to wit: Battery upon a Peace Officer in February 2020.
January 2020
Yoshua Young
In January 2020, the prosecutor filed a notice of dismissal (nolle prosequi) in the Aggravated Stalking (Violation of Protection Order) case against Yoshua Young, assigned to Judge Brittany Maldonado Malott at the time. Young faced new charges of Violation of Restraining Order Prohibiting Domestic Violence in February 2020.
June 2021
Victor Armendariz
In June 2021, the prosecutor filed a notice of dismissal (nolle prosequi) in the Aggravated DWI Driving While Under the Influence of Intoxicating Liquor/Drug (Refused Testing)(1st) case against Victor Armendariz, assigned to Judge Brittany Maldonado Malott at the time, who had 4 prior cases. Armendariz faced new charges of Shoplifting (Over $500 but not more than $2,500) in January 2023.
2022–2023 Peak Volume and Same-Day Clusters 5 featured cases
March 2022
Joe Moya
In March 2022, the prosecutor filed a notice of dismissal (nolle prosequi) in the Criminal Damage to the Property of a Household Member (Under $1,000) case against Joe Moya, assigned to Judge Brittany Maldonado Malott at the time, who had 14 prior cases. Moya faced new charges of Possession of a Controlled Substance – Felony in May 2022.
June 2022
Carolyn Archuleta
In June 2022, Judge Brittany Maldonado Malott dismissed as incompetent the Violation of Restraining Order Prohibiting Domestic Violence case against Carolyn Archuleta, who had 30 prior cases. Archuleta faced new charges of Battery upon a Peace Officer in January 2023.
August 2022
Richard Sanchez
In August 2022, the prosecutor filed a notice of dismissal (nolle prosequi) in the Violation of Restraining Order Prohibiting Domestic Violence case against Richard Sanchez, assigned to Judge Brittany Maldonado Malott at the time, who had 36 prior cases. Sanchez faced new charges of Criminal Damage to the Property of a Household Member (Under $1,000) in December 2022.
October 2022
Perry Lowe
In October 2022, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery (household member) case against Perry Lowe, who had 11 prior cases. Lowe faced new charges of Breaking and Entering in November 2022.
May 2023
Perry Lowe
In May 2023, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery (household member) case against Perry Lowe, who had 20 prior cases. Lowe faced new charges of Battery (household member) in May 2023.
2024–2026 Continued High-Prior Dismissals and Reoffending 22 featured cases
April 2024
Brian Kunkel
In April 2024, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Shoplifting ($250 or Less) case against Brian Kunkel, who had 6 prior cases. Kunkel faced new charges of Possession of a Controlled Substance – Felony in August 2024.
July 2024
Ruben Aragon
In July 2024, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Misdemeanor Offense Not Identified case against Ruben Aragon, who had 17 prior cases. Aragon faced new charges of Trafficking Controlled Substances in July 2024.
August 2024
Marcos Montoya
In August 2024, Judge Brittany Maldonado Malott dismissed as incompetent the Criminal Trespass case against Marcos Montoya, who had 42 prior cases. Montoya faced new charges of Criminal Trespass (Damage) in September 2024.
October 3, 2024
Rachel Carpenter
On October 3, 2024, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Shoplifting ($250 or Less) case against Rachel Carpenter, who had 20 prior cases, and dismissed as incompetent the Criminal Trespass case against Michael Garcia, who had 27 prior cases. Carpenter faced new charges of Possession of a Controlled Substance – Felony in February 2025. Garcia faced new charges of Criminal Trespass in September 2025.
October 2024
Perry Lowe
In October 2024, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Criminal Damage to Property (Under $1000) case against Perry Lowe, who had 24 prior cases. Lowe faced new charges of Arson ($250 or Less) in January 2025.
December 2024
Candido Robles
In December 2024, the prosecutor filed a notice of dismissal (nolle prosequi) in the Battery (household member) case against Candido Robles, assigned to Judge Brittany Maldonado Malott at the time, who had 28 prior cases. Robles faced new charges of Battery (household member) in December 2024.
December 2024
Louisa Scott
In December 2024, the prosecutor filed a notice of dismissal (nolle prosequi) in the Possession of Drug Paraphernalia (PA) case against Louisa Scott, assigned to Judge Brittany Maldonado Malott at the time, who had 12 prior cases. Scott faced new charges of Resisting, Evading or Obstructing an Officer (Resisting) in January 2025.
December 2024
Sonja Garcia
In December 2024, Judge Brittany Maldonado Malott dismissed for failure to prosecute the No Housing or Restraint Standards for Mammals and Bird Kept at Boarding Kennels, Shelter, Stores case against Sonja Garcia, who had 10 prior cases. Garcia faced new charges of Unlawful Entry of Park After Hours in January 2025.
December 2024
Christopher Sidler
In December 2024, the prosecutor filed a notice of dismissal (nolle prosequi) in the Shoplifting ($250 or Less) case against Christopher Sidler, assigned to Judge Brittany Maldonado Malott at the time, who had 35 prior cases. Sidler faced new charges of Assault in December 2024.
February 2025
Perry Lowe
In February 2025, the prosecutor filed a notice of dismissal (nolle prosequi) in the Arson ($250 or Less) case against Perry Lowe, assigned to Judge Brittany Maldonado Malott at the time, who had 28 prior cases. Lowe faced new charges of Aggravated Assault (Deadly Weapon) in April 2025.
June 2025
Ruben Aragon
In June 2025, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Resisting, Evading or Obstructing an Officer (Arrest) case against Ruben Aragon, who had 24 prior cases. Aragon faced new charges of Resisting, Evading or Obstructing an Officer in December 2025.
June 2025
Alicia Romero
In June 2025, the prosecutor filed a notice of dismissal (nolle prosequi) in the Criminal Trespass case against Alicia Romero, assigned to Judge Brittany Maldonado Malott at the time, who had 19 prior cases.
July 2025
Jason Rojas
In July 2025, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Driving While License Revoked – DWI Related case against Jason Rojas, who had 20 prior cases. Rojas faced new charges of Burglary of a Vehicle in August 2025.
July 2025
Alicia Romero
In July 2025, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Criminal Trespass case against Alicia Romero, who had 22 prior cases.
January 2026
Sonja Garcia
In January 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery (household member) case against Sonja Garcia, who had 23 prior cases. Garcia faced new charges of Battery (household member) in January 2026.
January 2026
Nicholas Sedillo
In January 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery (household member) case against Nicholas Sedillo, who had 27 prior cases.
February 2026
David Morales
In February 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Concealing Identity from Police Officer/Public Official/Person in the Legal Performance of Duties case against David Morales, who had 18 prior cases.
March 2026
Matthew Jones
In March 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Criminal Damage to Property (Under $1000) case against Matthew Jones, who had 37 prior cases.
April 2026
John Johnson
In April 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Criminal Trespass case against John Johnson, who had 43 prior cases. Johnson faced new charges of Criminal Trespass in May 2026.
April 2026
Orlando Esquer
In April 2026, the prosecutor filed a notice of dismissal (nolle prosequi) in the Shoplifting ($250 or Less) case against Orlando Esquer, assigned to Judge Brittany Maldonado Malott at the time, who had 37 prior cases.
April 2026
Donald Fletcher
In April 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Making a False Report of a Violation of the Criminal Code case against Donald Fletcher, who had 24 prior cases.
June 2026
Bruce Davis
In June 2026, Judge Brittany Maldonado Malott dismissed for failure to prosecute the Battery case against Bruce Davis, who had 29 prior cases.
Notable dispositions approved, ordered, or endorsed
| Period | Offender | Key charge(s) | Disposition by Judge Malott | Priors | Notable subsequent charge(s) |
|---|---|---|---|---|---|
| 2020 | Richard Romero | Battery upon a Peace Officer | Dismissed by Judge Maldonado Malott for failure to prosecute | 23 | Attempt to Commit a Felony, to wit: Battery upon a Peace Officer [Feb 2020] |
| 2022 | Carolyn Archuleta | Violation of Restraining Order Prohibiting Domestic Violence | Dismissed by Judge Maldonado Malott as incompetent | 30 | Battery upon a Peace Officer [Jan 2023] |
| 2022 | Richard Sanchez | Violation of Restraining Order Prohibiting Domestic Violence | Notice of dismissal (nolle prosequi) | 36 | Criminal Damage to the Property of a Household Member (Under $1,000) [Dec 2022] |
| 2024 | Marcos Montoya | Criminal Trespass | Dismissed by Judge Maldonado Malott as incompetent | 42 | Criminal Trespass (Damage) [Sep 2024] |
| 2024 (Oct 3) | Rachel Carpenter / Michael Garcia | Shoplifting ($250 or Less) / Criminal Trespass | Failure to prosecute / Dismissed as incompetent | 20 / 27 | Possession of a Controlled Substance – Felony [Feb 2025] / Criminal Trespass [Sep 2025] |
| 2024 | Christopher Sidler | Shoplifting ($250 or Less) | Notice of dismissal (nolle prosequi) | 35 | Assault [Dec 2024] |
| 2025 | Perry Lowe | Arson ($250 or Less) | Notice of dismissal (nolle prosequi) | 28 | Aggravated Assault (Deadly Weapon) [Apr 2025] |
| 2025 | Alicia Romero | Criminal Trespass | Notice of dismissal (nolle prosequi) | 19 | [No subsequent listed] |
| 2026 | John Johnson | Criminal Trespass | Dismissed by Judge Maldonado Malott for failure to prosecute | 43 | Criminal Trespass [May 2026] |
| 2026 | Orlando Esquer | Shoplifting ($250 or Less) | Notice of dismissal (nolle prosequi) | 37 | [No subsequent listed] |
| 2026 | Matthew Jones | Criminal Damage to Property (Under $1000) | Dismissed by Judge Maldonado Malott for failure to prosecute | 37 | [No subsequent listed] |
Summarizing the record
The pattern of problematic dispositions in the courtroom of Judge Brittany Maldonado Malott includes 3 incompetent findings, 19 dismissals for failure to prosecute, and 10 State notices of dismissal (nolle prosequi). High-prior individuals in these records include John Johnson (43 priors), Marcos Montoya (42 priors), Matthew Jones (37 priors), Orlando Esquer (37 priors), and Richard Sanchez (36 priors). Repeat names across separate dated dispositions include Perry Lowe, Ruben Aragon, Alicia Romero, and Sonja Garcia.
Learn More About This Judge Below
Judges Whose Courtrooms Have High Rates of Repeat Offender Case Dismissals:
Brittany Maldonado Malott is a judge in Division X of the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. She presides over criminal and civil matters and serves as the presiding judge for the Behavioral Health DWI Court and the Behavioral Health Court. A Democrat and an EMERGE NM alum class of 2019, she was ...
Bruce Fox is a district court judge in Division X of the New Mexico Second Judicial District Court in Albuquerque. He primarily handles felony criminal matters, expungement cases, and presides over the Mental Health Court Program. A Democrat, he was appointed to the bench on February 8, 2021, by Governor Michelle Lujan Grisham.
Christine E. Rodriguez is a judge in Division II of the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. She primarily handles criminal matters and serves as the Presiding Judge of the court’s DWI Recovery Court Program. A Democrat, she was elected to the bench in November 2016 after defeating the incumbent in the general ...
Clara Moran is a district court judge in Division XXVIII of the New Mexico Second Judicial District Court in Albuquerque. She primarily handles criminal matters. A Democrat and an EMERGE NM alum 2016, she was appointed to the bench on July 2, 2020, by Governor Michelle Lujan Grisham to fill a vacancy.
Douglas R. Driggers is a district court judge in Division VII of the New Mexico Third Judicial District Court in Las Cruces. A Democrat, he was appointed by Governor Bill Richardson in 2003. He has been retained by voters in multiple nonpartisan retention elections, including 2008, 2014, and 2020.
James Lawrence Sanchez is a district court judge in Division I of the New Mexico Thirteenth Judicial District Court, based in Los Lunas, Valencia County. He presides over general jurisdiction cases including criminal, civil, family, and domestic matters. A registered Republican, he was appointed to the bench in May 2012 by Governor Susana Martinez to ...
Jarod K. Hofacket is a district court judge in Division IV of the New Mexico Sixth Judicial District Court and serves as Chief Judge of the entire district. He presides over general jurisdiction cases in Luna County. A registered Republican, he was appointed to the bench on October 21, 2016, by Governor Susana Martinez. He ...
Jennifer J. Wernersbach is a district court judge in Division XVI of the New Mexico Second Judicial District Court in Albuquerque. She primarily handles felony criminal cases, appeals from Metropolitan Court, bind-overs, detention hearings, and other criminal proceedings. A Democrat, she assumed the bench on February 5, 2021, following appointment by Governor Michelle Lujan Grisham.
Jill M. Martinez is a judge in Division VIII of the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. She serves on the DWI Bench Book Committee and instructs on the Fourth Amendment for the Judicial Education Committee. A Democrat, she won the 2014 Democratic primary and general election.
Joshua J. Sanchez serves as a judge for Division IV of the Bernalillo County Metropolitan Court in New Mexico. He is also the Chief Judge of the Metropolitan Court, a position he was elected to by his peers in April 2023. A Democrat, he was appointed to the Bernalillo County Metropolitan Court by Governor Michelle ...
Manuel I. Arrieta is a district court judge in Division I of the New Mexico Third Judicial District Court in Las Cruces. He handles a variety of civil matters, including contract disputes, personal injury claims, land use, and other civil litigation. A Democrat, he has served on the court since his appointment in January 2009 ...
Vidalia G. Chavez is a judge in Division XIV of the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. She handles civil disputes (up to $10,000), landlord-tenant matters, and other civil dockets. A Democrat, she won the 2014 general election, defeating Peggy Ann Holguin with 50.9 percent of the vote.