ALBUQUERQUE, N.M. (KRQE) – A man who shot and killed his friend but claims it was in self-defense, will not remain locked up during his trial. Marcos Rodriguez was in front of Judge Brett Loveless Tuesday morning.

Multiple witnesses told police Rodriguez and Vicente Arviso were drinking together on August 1. At some point, they got into an argument and Rodriguez shot and killed Arviso. When police arrived, Rodriguez admitted to what happened but said he had no choice but to defend himself.

The state filed for pretrial detention but Judge Loveless denied that motion based on the violent history of the victim. Rodriguez is still waiting to be arraigned but is facing an open count of murder and tampering with evidence charges.