NEW MEXICO (KRQE) – The man charged with drug possession after the Red River biker gang shooting will not stay locked up until trial. Christopher Garcia was charged with passing cocaine to a woman after shots rang out at a motorcycle rally on May 27.

Three people were killed. Five others, including Garcia, were hurt.

Police said the shooting stemmed from a dispute between two gangs, the Bandidos and the Water Dogs, over a wedding photo that showed Water Dog members with Mongols. They are a rival gang of the Bandidos.

On Monday, prosecutors argued Garcia should remain locked up until custody, saying he wore attire that indicated he’s a sergeant at arms for the Bandidos, a high-ranking position often seen as an enforcer in outlaw biker gangs.

They also brought in an FBI agent, who called the Red River shooting “premeditated” on the Bandidos’ part. He expects more violence could be on the horizon.

“If you’re specifically referring to the Water Dogs and the Bandidos, this is not over, and I believe the Bandidos will retaliate,” said Bryan Acee with the Albuquerque FBI Office.

However, Garcia’s defense attorney said the drug charge has nothing to do with the shooting and keeping him in custody because he’s a Bandido member is “guilt by association.”

Judge Emilio Chavez also asked the agent whether keeping Garcia locked up would actually deter future violence between the gangs.

Judge Chavez ultimately sided with the defense and granted Garcia be released, but he opened the door for the State to refile the pretrial detention motion if investigators find evidence pointing to Garcia being involved in any potential retaliation.

Jacob Castillo, who is charged with murder, is scheduled to appear in court for a pretrial detention hearing next Tuesday.

Another of the wounded, Matthew Jackson, is set to have his pretrial detention hearing Tuesday for allegedly taking a gun into a bar.