ALBUQUERQUE, N.M. (KRQE) – Omar Martinez, the man accused of killing two people while driving high on fentanyl, will not be held behind bars until trial. In July 2021, Martinez is accused of flying through a red light at Louisiana and Lomas and t-boning Robert and Bonnie Hartwig. The Hartwigs were killed but Martinez was conscious after the crash.

He was taken to the hospital that night and blood drawn for DWI testing but was not arrested. It took eight months to get the toxicology results back which prosecutors say show Martinez had fentanyl and other drugs in his system.

A warrant was issued for Martinez’s arrest in March but police could not find him. Prosecutors argued Martinez knew police were looking for him but made no attempt to turn himself in. Ultimately, the U.S. Marshalls were called in to help make the arrest. “Police attempted to serve this warrant but were unable to locate the defendant for some time… and they, a phone ping was done that assisted their ultimate discovery of the defendant,” said Derek Berg, prosecutor.

Judge Cindy Leos agreed that Martinz is a danger but thought there are conditions that could keep the public safe. She ordered Martinez released on his own recognizance. He is not allowed to drive.