Correction issued below:

ALBUQUERQUE, N.M. (KRQE) – One of the teens accused of murder at an Albuquerque gas station will stay in custody until trial. Caprice Sicilia, 17-year-old, is one of five teens accused of the death of Kayla Montano at a Maverik gas station on March 25.

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Police say it was a case of mistaken identity and the teens thought Montano was someone who tried to rob them earlier in the day. The state filed a pre-trial detention motion saying Sicilia is a serious youthful offender and therefore dangerous. The defense argued Sicilia is still considered a juvenile in the case since she has not yet been indicted by a grand jury.

Judge Bruce Fox agreed with the defense and denied the state’s motion. “If you do bring it before a grand jury, or a preliminary examination, and it is bound over on first-degree murder. Then we will come back if the state continues to wish to pursue preventative detention,” said Judge Fox. The case will now head to the children’s court.

Correction: KRQE reported that Caprice Sicilia will not remain behind bars until trial. However, that is incorrect. Sicilia has a hearing about the potential release but at this moment she will stay in custody unless a Children’s Court judge releases her.