ALBUQUERQUE, N.M. (KRQE) – The man facing charges in connection to the murder of Victoria Martens is behaving while he’s out free.

Fabian Gonzales is facing charges of reckless child abuse resulting in death for allegedly trying to cover up the murder of the 10-year-old. He was released from jail in November under strict supervision while he awaits trial.

As part of his release, Gonzales was ordered to check in with pretrial services four times a month and take weekly drug tests. Court documents show Gonzales has been following the rules and now pretrial services has recommended a step down in supervision.

He would only be required to report two times a month and only take one drug test per month. After disapproval from the state, Gonzales’ attorney is now turning to a judge to make a decision.