ALBUQUERQUE, N.M. – A Bernalillo County Sheriff’s Office deputy accused of assault will be able to wait for his trial at home. A judge decided that Wednesday.

Deputy Michael Borrecco is accused of threatening to shoot two people. 

Judge Joseph Montano said he believes the state didn’t present clear and convincing evidence that Borrecco is a danger to the community. That is vital when it comes to deciding whether a defendant will be released or not.

“Members of the public and particularly children look up to and even emulate members of law enforcement as examples,” said John Kloss, state prosecutor. 

Kloss argued Borrecco is a danger to the community and should stay behind bars while he waits for his trial.

“One of the complaining victims attempted to explain himself. And as he and the other complaining victim approach the passenger side of defendant’s vehicle, the defendant pointed a gun at them, and said ‘I’ll take your soul from you.’ And also told them to back up and get away,” said Kloss. 

On Jan. 24, the BCSO deputy was arrested for allegedly threatening to shoot two people while drinking off-duty in a convenience store parking lot.

Before the interaction, surveillance video appeared to show Borrecco buying a 100-milliliter bottle of vodka and getting into his car.

When police searched Borrecco’s car that night, officers say they found several other empty bottles of alcohol: 16 100-milliliter bottles and three 200-milliliter bottles.

Borrecco’s lawyer – Les Romaine – argued the court should release his client with conditions.

“We believe that based on clear and convincing evidence, the state is not showing that there are no conditions of release that would reasonably ensure the safety of the community,” said Romaine. 

Montano ultimately agreed with the defense and decided to release Borrecco with conditions.

“I’m finding that the state has not met its burden by clear and convincing evidence that Mr. Borrecco is a danger. The court can fashion conditions of release to address what clearly seems to be an issue of alcohol. And that is something that can be monitored by pretrial services,” said Montano.

As part of Borrecco’s conditions of release, there is zero tolerance for alcohol and firearms.

He will be allowed to travel outside the state to get treatment but will need approval from the court.

KOB 4 reached out to BCSO to see if he’s still a deputy, and they told us their administrative investigation won’t begin until the criminal investigation is complete.