ALBUQUERQUE, N.M. (KRQE) – Davona Chavez, the mother charged in a shooting that left her seven-year-old son wounded, will be released from custody pending trial.

Police say Chavez got into a fight with her boyfriend at a home near Unser and Dennis Chavez. Officials say she grabbed a gun and shot him as he made an advance towards her. The bullet went through his leg and hit the child.

Prosecutors argued she should be held until trial, citing a 2018 case where she was accused of firing a gun from her car with children inside. That case was dismissed when a key witness failed to show up for pretrial interviews. The defense argued for her release saying she and other family members hid from her boyfriend and she grabbed the guns because they were afraid of him.

Judge Emeterio Ruldofo released Chavez until trial with conditions that include; she can’t have any contact with her children or stay in any house that has guns.