Updated: November 06, 2019 09:28 PM
Created: November 06, 2019 11:37 AM
ALBUQUERQUE, N.M. — One of the main suspects in the brutal 2016 death of 10-year-old Victoria Martens could be released from jail. Fabian Gonzales had a court hearing Wednesday in front of Judge Charles Brown.
Judge Brown denied a motion from the state for pretrial detention for Gonzales, saying the state didn't prove he's a danger to the community. Judge Brown said pretrial services will need to find housing for Gonzales before he is released from jail.
Pretrial services will also decide if Gonzales will need to wear an ankle monitor.
If pretrial services can't find housing for Gonzales, the judge will reassess the decision. It's unclear when Gonzales will be released.
Gonzales is facing charges for child abuse and tampering with evidence in connection to Victoria Marten's death.
There's been an ongoing appeal on the use of evidence in Gonzales' trial. His cousin, Jessica Kelley, and Victoria's mom, Michelle, have already taken plea deals in the murder case.
In 2016, Gonzales' bond was initially set at $1 million, cash only. Since Gonzales is no longer facing a murder charge, the defense had requested Wednesday's hearing in order to ask the judge to release him.
Michael Patrick, spokesman for the Bernalillo County District Attorney, released the following statement:
“Our office files for preventative detention on individuals who clearly represent a danger to the community. Prosecutors presented 46 exhibits detailing Fabian Gonzales’ criminal history, which started at the age of 14, and his role in Victoria Martens’ death and mutilation. Gonzales has uncontradicted reports of violence against pregnant women and women with small children. For the last 21 years he spent 15 years either in jail or violating conditions of release. The Department of Corrections’ own independent risk assessment described Gonzales as a 10 out of 10 on a scale for a history of violence. We are disappointed the judge released Gonzales back into the community. We intend to appeal this decision.“
Copyright 2019 - KOB-TV LLC, A Hubbard Broadcasting Company