ALBUQUERQUE, N.M. (KRQE) – Fabian Gonzales, the boyfriend of Victoria Martens’ mother, will soon be let out of jail. It’s still unclear when he’ll be released and where he’ll be living, although it will likely be without GPS monitoring.

Wednesday, Judge Charles Brown said the state didn’t prove that Gonzales needs to stay locked up until his trial to keep the public safe. Now, the District Attorney’s office is appealing.

“The role that he played shows that he’s dangerous if he was willing to commit those types of crimes. That absolutely shows there’s a danger to the community,” Deputy District Attorney Greer Rose said.

Wednesday morning, at Gonzales’ hearing, the prosecution went through a long timeline of Gonzales’ criminal history, including violence against pregnant women and women with children, even before the Martens’ case.

The state says Gonzales spent 15 of the last 21 years either in jail or violating his conditions of release, making him a flight risk. He also has a history of meth and alcohol abuse. Plus, they described his alleged role in Martens’ death and mutilation, including dismembering her body and trying to hide the evidence.

Gonzales is accused of putting Victoria in danger by letting his cousin, Jessica Kelley, babysit her while he was out buying drugs with Victoria’s mother. Kelley was a meth-addicted ex-con who had just gotten out of jail.

Ultimately, Judge Charles Brown ruled Gonzales will be released because his two misdemeanor convictions from years ago and DWI don’t qualify for pretrial detention, no matter how disturbing the accusations against him are in the murder case.

“There is no constitutional exception for outrageous cases or ugly cases,” Judge Brown said.

The defense had requested that Gonzales live with one of his brothers, but Judge Brown didn’t go for it because they are listed as witnesses in the murder case.

Instead, it’s up to pretrial services to find him housing. It’s unclear how long that could take.