ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man charged with murder is out of jail while he awaits trial.

Police say Patrick Romero shot and killed 39-year-old Anthony Moya back in August outside of a home in northwest Albuquerque. Witnesses told detectives they were fighting over a woman.

It started with the victim showed up with a baton and started hitting the suspect’s car. When Moya turned his back, Romero allegedly shot him three times.

Thursday, prosecutors asked that Romero be locked up pending trial, claiming he’s dangerous. However, Judge Brett Loveless said there was not enough evidence to prove that.

He ordered Romero to wear an ankle monitor and enacted a curfew. Prosecutors are giving jurors the option of convicting Romero of anything from first-degree murder to manslaughter.