ALBUQUERQUE, N.M. (KRQE) – Jonathan Smith, one of the University of New Mexico students accused in connection with the deadly on-campus shooting, will be released while awaiting trial. While he will be released, Smith won’t be staying in New Mexico. He will be going to Plano, Texas to live with his mom.

The state hat to prove Smith was both a danger to the community and that there were no conditions of release to keep the community safe. Smith’s mom called him a good kid who used bad judgement. Smith’s defense team argued he has no criminal history and voluntarily turned himself into police.

Police say Smith conspired with three other students to lure New Mexico State University men’s basketball player Michael Peake to campus to jump him. That incident turned into a deadly shootout that left UNM student Brandon Travis dead and Peake in the hospital. Police say this was in retaliation to a fight that occurred at a UNM-NMSU football game last month.

The state acknowledged its tough to show Smith won’t comply with conditions of release when he has no criminal history, but argued the pre-meditation of the crime is enough to keep him locked up. A judge says the state did not meet the burden of showing there are no conditions of release to keep the community safe and denied to motion for pretrial detention.

Once released, Smith will live with his mom in Plano, Texas. She says she has a stable environment. Smith is not allowed to have weapons or use alcohol. He is also not allowed to leave Plano, unless it’s for hearings in New Mexico. Smith also has to either be taking online classes or working full time while awaiting trial in Texas.