ALBUQUERQUE, N.M. (KRQE) – A man accused of Victoria Martens’s death is set to go to trial next week, but he’s already asking for credit for pre-sentence confinement. Fabian Gonzales is accused of child abuse resulting in death for allegedly failing to protect 10-year-old Martens, who was murdered in her northwest Albuquerque apartment in 2016. Gonzales is also accused of helping dismember her body.

His trial is set to begin next week, but he’s arguing no matter the outcome, he should get credit for his pre-sentence confinement. According to a motion filed by Gonzales, he says he spent nearly 1,400 days in MDC until his release in November 2019. He also wants credit for the last 947 days he’s spent on GPS, saying it has limited his freedom of movement.

It totals more than six years, but it’s a request the state is fighting. In response, they argue he has never had an exclusion zone, curfew, or a significant limitation of his freedom. A hearing date has not been scheduled.