A judge says the man accused of torturing and murdering a 13-year-old New Mexico boy, violated his probation in a separate case.

Thomas Ferguson is charged with first-degree murder in the death of Jeremiah Valencia.

He’s accused of beating the boy in their Nambe home, keeping him locked up in a dog kennel and eventually killing him and burying his body.

According to The Santa Fe New Mexican,  District Court Judge T. Glenn Ellington ruled Tuesday Ferguson violated probation for a 2014 domestic violence case.

An arrest warrant was put out for Ferguson in November, just days before Ferguson allegedly killed Valencia.

He wasn’t jailed on the probation violation until January.

Ferguson now faces a sentencing for the violation next month.