ALBUQUERQUE, N.M. (KRQE) – Fabian Gonzales was released from jail Tuesday afternoon pending trial.
Gonzales is facing charges of reckless child abuse resulting in death and tampering with evidence, for allegedly trying to cover up the murder of 10-year-old Victoria Martens.
For the last three years, Gonzales has been behind bars in connection with the death of Victoria. Investigators say the girl was killed in an apartment complex in August 2016.
Earlier this month, Judge Charles Brown ruled Gonzales will be released because his two misdemeanor convictions from years ago and DWI don’t qualify for pretrial detention, no matter how disturbing the accusations against him are in the murder case.
Prosecutors filed an appeal Tuesday in an effort to get him back behind bars, claiming the ruling was a misunderstanding of the law and minimizes the charges against the suspect.
It also says Gonzales has a lack of conscience and humanity that would prevent him from committing further violence, and while he has mostly misdemeanor convictions he has a long history of violence. The prosecution is asking for an expedited hearing on this motion.
Gonzales’ cousin, Jessica Kelley, and Victoria’s mother, Michelle Martens, have taken plea deals in her death.