ALBUQUERQUE, N.M. (KRQE) – A man is no longer facing charges in connection to a break-in and fire in southeast Albuquerque after the state failed to provide his lawyers with documents important to the case. Alex Terrazas was arrested in September 2023 after officers were called to the scene for reports of a break-in. They entered the house’s backyard where they saw smoke coming from the second floor. While calling Albuquerque Fire Rescue for help, Terrazas walked out. Terrazas reportedly also admitted to the crimes by telling hospital staff about not only breaking into the home, but also setting the second floor on fire. Story continues below Podcast: Tent Rocks National Monument reopens with new fees and new rules News: Albuquerque man accused of shooting stepmom asks judge to spend Christmas Eve with family Trending: Tingley Coliseum undergoes renovations as governor looks to possibly move state fair site  Don't Miss: 15-foot tumbleweed snowman pops up in Socorro During discovery, his lawyers learned that AFR Battalion Chief Emily Kane was at the scene and filed a report, according to the pretrial interview with the state. She failed to show up for the defense's pretrial interviews and didn't turn over the report to the defense or the state. Terrazas' lawyer asked Judge Joseph Montano to suppress the evidence or for a dismissal. Judge Montano dismissed the charges without prejudice, meaning the state can re-file them at a later time.