ALBUQUERQUE, N.M. — A father accused of killing his 4-month-old baby will stay behind bars until his trial. The child’s mother is also accused in the case.

Last Thursday, Bernalillo County deputies were called to Victor Gonzales and Gabriella Muniz’s residence in northeast Albuquerque for an unresponsive 4-month-old. Despite first responder’s lifesaving measures, the child died.

On Tuesday, Victor Gonzales found out he will stay in jail until his trial, but as he left the courtroom, he spoke.

“I want to advocate for my son, let everybody know,” Gonzales said.

The 46-year-old is accused of killing his 4-month-old baby after he said he and the child’s mother, Gabriella Muniz, co-slept with the infant.

“Mom and dad both admitted to co-sleeping as we all know that is dangerous, that is something that is told to every parent. But also any parent would have to admit that at some point they co-slept with their child,” Gonzales’ defense attorney said.

On Tuesday, prosecutors argued the child should have never been under their care in the first place as both parents have admitted to using drugs, and the child was born already exposed to meth and fentanyl.

“The child never should have been left in the hands of the defendant or co-defendant, they are not safe to parent,” said the District Attorney’s prosecutor. “Two other children have previously been removed from this home for drugs, the youngest being 4 years old.”

The prosecutor said the system failed to protect this child. But Gonzales’ defense attorney argued the department isn’t the one facing charges.

“Did the system fail? Probably. But CYFD is not being asked to be detained here, my client is,” Gonzales’ defense attorney said.

New Mexico Attorney General Raúl Torrez says he is sick and tired of seeing yet another case where a child, born exposed to drugs, was sent home to live with the very parents who not only caused the exposure but admitted to still actively using drugs.

“I am, I think, like most people in this community, sick and tired of reading yet another story about another child who has been failed by CYFD, who has not been protected by the state,” Torrez said.

According to court documents, the child was placed on a CYFD safety plan, which involved the child’s grandmother routinely checking on the infant. But on Tuesday, the DA’s prosecutor said that plan ended before the child died.

“The idea that the state of New Mexico thinks it’s OK to sign a contract with grandma and send that child home, and that meets the moral obligation that we have to that child is ludicrous. It’s absolutely ludicrous,” Torrez said.

AG Torrez said his office is investigating CYFD to get some answers for this case and countless others.

“If you don’t have accountability, you will never fix this system, and that’s something that I intend to change,” he said.

The AG said he believes this is the biggest issue New Mexico’s policymakers should focus on.

“We’re not making the connection between all of the abused and neglected and forgotten kids in this state and the fact that if you forget about these kids, and you don’t care for them when they get older, they’re more likely to be involved in the criminal justice system,” he said.

In court, Judge Courtney Weaks decided to keep Gonzales behind bars because of his extensive felony history and known drug use.

As for the child’s mother, Gabriella Muniz, her pretrial detention hearing has been rescheduled for Friday.

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