ALBUQUERQUE, N.M. (KRQE) – One of the men accused of shooting out the windows in the new Bernalillo County building, downtown will not be held until trial, despite the judge agreeing with the state’s argument – he is dangerous.

“The defendant, as previously mentioned, is trying to portray himself on social media as someone who is dangerous, as someone who is armed to the t’s,” said the prosecuting attorney during Friday morning’s pretrial detention hearing.

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Despite the state’s plea to keep Noah Tapia behind bars until trial, Judge Jennifer Wernersbach released him Friday morning. “There’s evidence that he can comply with conditions of release,” said Judge Wernersbach.

Tapia is charged with shooting out multiple windows in the Bernalillo County Headquarters building, causing more than $45,000 in damages. His truck was also featured in a Crime Stoppers video a couple of weeks ago. The video shows a man hanging out the passenger window, firing off a gun on Central. Friday morning, the state presented multiple videos taken from Tapia’s Snapchat account.

The state also showed a photo from Tapia’s Snapchat, showing a bullet hole in his truck. “What this shows is that the defendant is involved in activities which would lead him to get shot at,” the State argued.

However, Tapia’s defense argued that their client did the right thing by cooperating with police. “I think that shows his character and his ability to comply with conditions that this court is going to require,” said defense attorney Andrew Ortiz.

Even though the judge agreed that Tapia does pose a risk to the community saying she’s concerned with the image he’s portraying on social media, calling it dangerous, she let him go anyway. “I have not seen a lot of evidence going to whether he can follow conditions of release,” said Judge Wernersbach.

As part of Tapia’s terms of release, he will have a curfew, monitored by a GPS ankle bracelet, and he cannot be in possession of any firearms.