Suspect in killing of 11-year-old boy released on ankle monitor

ALBUQUERQUE, N.M. — One of the three men accused in the murder of 11-year-old Froylan Villegas is getting out of jail ahead of trial.

Daniel Gomez and his codefendants are charged with murder and multiple other charges for the shooting that killed Froylan and injured his cousin Tatiana Villegas outside Isotopes Park last month.

Investigators say the three men mistook the Villegas family’s pickup truck for another pickup truck they were targeting.

Since Gomez’s arrest, prosecutors withdrew a motion to keep him in jail pending trial, saying he had a smaller role in the shooting than they initially thought.

While Gomez’s codefendants sit in jail awaiting trial, Gomez sat and listened for a judge to tell him what his conditions will be like outside of jail. Judge Emeterio Rudolfo voiced some concerns Wednesday.

“It’s still an open count of murder that hasn’t been dismissed or reduced in any way,” Rudolfo said.

Gomez will be on a GPS monitor, on house arrest, and only able to leave for work.

“The court cannot obviously retain you when there’s no motion before the court,” Rudolfo said. “I would like something more in line with a house arrest on the GPS, and just out to work and nothing else.”

The judge reminded Gomez about the seriousness of the case, and how lucky he is that prosecutors changed their position on pretrial detention.

“The nature of the charge, you’re pretty fortunate that the state withdrew their motion for preventative detention,” Rudolfo said. “In order to remain at liberty, however, you need to comply with all these conditions, otherwise, you’ll be back in jail awaiting resolution of your case.”

“Yes, your honor. I understand every condition and I plan on abiding by those rules at all costs,” Gomez said.