![\"Chris](\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/12\/Barela-Chris-336x252.jpg\")
Courtesy photo<\/p>
Chris Barela<\/p><\/div>\n
The office of District Attorney Mark D’Antonio filed a notice<\/a>\u00a0in court Friday that it’s dismissing a second-degree felony charge of fraud over $20,000 or, in the alternative, embezzlement over $20,000.<\/p>\n D’Antonio’s office left open the possibility of refiling the fraud and\/or embezzlement charges “pending further investigation,” the notice states.<\/p>\n But for now,\u00a0“as it relates to those charges, there is not sufficient evidence to take to the grand jury or present at a preliminary hearing,” said Patrick Hayes, a spokesman for the DA’s office. “They’re being dropped now because going to a grand jury or preliminary hearing is imminent.”<\/p>\n Hayes said he couldn’t comment on the likelihood of refiling the fraud or embezzlement charges but said “the option is there. It\u00a0depends on the investigating agency and if it wants to continue its investigation.”<\/p>\n In December, Sheriff Enrique \u201cKiki\u201d Vigil filed a criminal complaint<\/a> against Barela, had him arrested<\/a>, and briefly took control of the jail<\/a>. The other charges Vigil alleged in the complaint —\u00a0bringing contraband into the jail and willful neglect of duty — remain.<\/p>\n The contraband charge is\u00a0a fourth-degree felony that carries a maximum prison sentence of 18 months. The charge relates to Barela carrying a semi-automatic rifle into a room where an inmate who had taken another inmate\u00a0hostage was being held.\u00a0Willful neglect of duty is a misdemeanor that carries a maximum sentence of one year.<\/p>\n The charges D’Antonio dismissed carried a maximum prison sentence of nine years.<\/p>\n