Murder suspect released on lowered bond

ALBUQUERQUE, N.M. (KRQE) - One of the three young men accused of acting like utter thugs during the holdup that killed a 7-Eleven clerk now is out of jail after a judge reduced his bond.

District Court Judge Jacqueline Flores granted a motion lowering Dylan Villareal's bond from $1 million cash or surety to $375,000, which meant he could get out of jail by posting 10 percent--$37,500 in cash or pledged assets. 

He did and was released from the Metropolitan Detention Center this week.

"We opposed it very strongly," said Bernalillo County District Attorney Kari Brandenburg.

Villareal, 22 and his two friends, Julian Deherrera, 20 and Eloy Aguilar, 22 were all indicted on armed robbery and first degree murder charges in the death of 7-Eleven clerk Chad Mercer.

According to investigators, the trio was cruising early on the morning of July 17 when they decided to rob the 7-Eleven at Central Avenue and University Boulevard SE.

While Villareal and Deherrera were stealing cell phones from the people in a van parked in front of the store, Aguilar went inside to rob the store shot and killed Mercer, police said.

Villareal and Deherrera said when they heard the gunshot they got in their car and fled leaving Aguilar behind, police said at the time.

In an interview with News 13 Friday afternoon Brandenburg said in asking for a reduced bond Villareal's defense argued in part that he was a good kid who had not been in trouble before.

"(Also) that he was the driver of the vehicle and actually wasn't the one that went into the store and that was involved in the actual killing," Brandenburg said.

That, according to Brandenburg, does not matter.

"We have reason to believe that he knew what was going to happen, participated in that to some degree in the driving of the vehicle and through other actions, so he's equally responsible under law as the shooter is," she said.

Deherrera's attorney also filed a motion to reduce his bond.  Flores again granted the request cutting Deherrera's original $1 million cash-or-surety bond to $750,000.

As of Friday night he had not been able to post his new lower bond.

The district attorney said it is unusual that suspects in first-degree murder cases are able to bond out.

KRQE News 13 called Flores' office Friday morning to find out why she granted the motions to reduce both men's bonds.  By Friday evening she had not responded.

Brandenburg said while her office has no control over what the court ultimately decides, when it comes to bonds she believes murder suspects should stay behind bars until trial.

"We think that the interests of public safety dictate that they remain in custody until everyone has their day in court," said Brandenburg.

Investigators used a tracking feature in one of the stolen cell phones to find Villareal and Deherrera on the day of the shooting.  Aguilar was arrested the next day.

To this point Aguilar's attorney has not filed a motion to reduce his bond.