A notorious teen killer also found guilty in a kidnapping case will be allowed to remain out of jail while awaiting sentencing, despite violating his conditions of release.
Mitchell Overhand spent 22 years in prison for killing his parents in Albuquerque when he was just 16.
He found himself back behind bars when he was convicted earlier this year of false imprisonment and conspiracy for kidnapping a man.
With no opposition from the state or the victim, Judge Briana Zamora released Overhand while he awaited sentencing.
The state changed its argument last month after they say he continuously tested positive for drugs.
Thursday in court, prosecutors asked that he be taken into custody and sentenced.
Judge Brian Zamora again allowed him to stay out of jail after the victim called the case a waste of time.
“I’m also not hearing that victim is wanting him incarcerated, so I’ll respect his wishes in that regard,” Judge Zamora said.
Sentencing is set for next month.