ROSWELL, N.M. (KRQE) – The state withdrew a motion to keep Ivan Gonzalez behind bars. Gonzalez is facing a second-degree murder charge for beating his dad, Mario Gonzalez, to death. The two got into an argument and police say Ivan then beat his father who later died at the hospital.

Gonzalez was in court Friday for a pretrial detention hearing but the state withdrew their motion. That means, unless they refile, Gonzalez will be released. The conditions of release say he will have to wear an ankle monitor and stay at a family members.