ALBUQUERQUE, N.M. (KRQE) – A judge decided on Friday, August 25, that the 14-year-old Questa teen charged in connection to the murder of a 13-year-old will not be held behind bars until trial. Porfirio Brown has been charged with first-degree murder, three counts of tampering with evidence, and two counts of assault upon an officer in connection to the July murder of Amber Archuleta.

The state filed for pretrial detention, saying multiple witnesses saw Brown shoot and skill Archuleta. Prosecutors described the gun that Brown is thought to have used in the murder and pointed out that the gun has yet to have been located. They also highlighted the fact that Porfirio and his father did not follow police orders at the crime scene, strengthening their case for the teenager to be held.

The defense says that the crime was never properly investigated and that the teenager is being used as a scapegoat for the murder. Judge Jeffrey Shannon sided with the defense and ruled that Porfirio should be released with an ankle monitor to his grandparents in Carlsbad.

Porfirio’s father, William Brown, has been arraigned for negligently making a firearm accessible to a minor. The judge ordered that he is not to have any contact with his son.