ALBUQUERQUE, N.M. (KRQE) – One of the three men charged in a mistaken identity shooting that killed a boy outside Isotopes Park will be released from custody.

Albuquerque Police (APD) initially said Daniel Gomez, Nathen Garley and Jose Romero fired 17 shots from a car outside Isotopes Park last month, killing 11-year-old Froylan Villegas.

Investigators believe they were targeting a rival gang.

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Prosecutors had filed a motion to keep Gomez in custody until trial, but said in court, they are withdrawing it. They pointed to new information from APD that indicated he was not actively involved in the shooting.

Garley and Romero are being held until their trial.