ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man who caught a break last week was back in court Monday for a different crime.

Matthew Nieto was one of three young men charged in the death of an innocent driver at Eubank and Menaul in 2017. Now, he’s facing domestic violence and battery charges.

Just five days ago, Nieto was standing before a judge, apologizing for his actions. But over the weekend, he’s accused of choking his girlfriend.

According to the criminal complaint, police were called to Neito’s home after his girlfriend texted her sister that Neito was choking her and wouldn’t let her leave, all with their infant son in the home.

When police arrived, his girlfriend told them there was a verbal argument because Neito was getting texts from other women. She denied the abuse but told police he pulled her hair and grabbed her by the shoulders. Neito was arrested that night.

A few days before the incident, Nieto was sentenced for his part in a carjacking in 2017 that led to the death of D’Markus Blea.

In court, Nieto apologized and asked the judge for a lighter sentence. Judge Cindy Leos gave him four years probation.

“I can tell that this is impacting you, and I’m glad to see it’s impacting you because you know how serious this is. It’s up to you if you comply with probation. You can put this behind you and be a good role model for your child,” Judge Leos said in court last week.

Prosecutors say of the teens involved, Nieto played the most minor role. However, because of his latest arrest, it will now it will be up to a district court judge to decide if Nieto will go to prison or stay on probation.

Nieto appeared before a judge Monday. He remains in jail.