ALBUQUERQUE, N.M. (KRQE) – A teenager accused in the July shooting death of a man outside his apartment will remain locked up.

Police say 15-year-old Jassiah Montoya and 31-year-old Adam Cazares robbed Calvin Kelly at gunpoint near Juan Tabo and Candelaria this summer. Police say Kelly had been lured outside by 17-year-old Alexis Pina, and Cazares shot Kelly in the back after the robbery.

In court, Montoya’s attorney argued he should be charged with aiding in the robbery, but not the murder.

The judge ruled Montoya should be treated as an adult. However, he is allowing Montoya to stay in juvenile custody until trial.