ALBUQUERQUE, N.M. (KRQE) – The New Mexico Court of Appeals has upheld a ruling to release the man facing charges in connection to the murder of Victoria Martens.

Fabian Gonzales is facing charges of reckless child abuse resulting in death and tampering with evidence for allegedly trying to cover up the murder of the 10-year-old.

He was released last week following a ruling by Judge Charles Brown, who said prosecutors failed to prove he was a danger. The state appealed the move, but Monday, the Court of Appeals affirmed the judge’s decision, saying Judge Brown did everything correctly.

A spokesperson for the District Attorney’s office says it’s weighing all options to “best protect the community from Gonzales.”