ALBUQUERQUE, N.M. (KRQE) – A would-be robber shot by a Circle K clerk is getting out of jail for now.

Ferron Mendez, 23, is charged with aggravated assault and armed robbery.

He’s accused of pointing a gun at clerk Jennifer Wertz as he tried to rob the Circle K on Eubank and Candelaria.

Wertz, the clerk, shot him in the chest. He was released from the hospital on Monday. 

Friday, he was released from jail on his own recognizance, awaiting pretrial services.

The clerk was fired for having a gun at work.