ALBUQUERQUE, N.M. (KRQE) – Despite a judge’s ruling, Fabian Gonzales is still waiting to be released from jail.
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.
Earlier this week, Judge Brown ordered Gonzales’ release while he awaits trial after the judge said prosecutors failed to prove he was a danger. Despite the decision, Gonzales remains behind bars.
The DA’s office says they intend to appeal the judge’s decision.