ALBUQUERQUE, N.M. (KRQE) – The man who was once the main suspect behind the murder of 10-year old Victoria Martens, is now asking a judge to release him from jail. Fabian Gonzales has been in jail for three years and now he wants out.
“When he was charged with murder, the court imposed a $1 million bond cash only. A lot has happened since,” says attorney Steve Aarons.
For the last three years, Gonzales has been behind bars in connection with the death of Victoria. Investigators say the girl was killed in an apartment complex in August 2016.
Gonzales’ cousin, Jessica Kelley, and Victoria’s mother, Michelle Martens, have pled in her death. Now, Aarons says his client should be released from jail because he had nothing to do with Victoria’s murder.
“Mr. Gonzales was not even there when the child was murdered, and really does not have much relationship to what happened,” says Aarons.
Aarons filed a motion asking District Court Judge Charles Brown to grant Gonzales’ release. The motion points the finger at Kelley as the main person responsible for Victoria’s death.
“It is our belief that Jessica Kelley killed the child and this whole, well-dressed Mexican hitman, is just something she came up with two years later,” says Aarons.
After the District Attorney’s Office dropped the murder and rape charges, Gonzales is now charged with child abuse and tampering with evidence. The charges, Aarons believes, are not enough to keep someone behind bars on a $1 million cash-only bond.
“He would be certainly eligible for conditions of release given the lack of criminal history,” says Aarons.
KRQE News 13 asked Aarons what he had to say about Gonzales being the one to blame for bringing Kelley into the picture, resulting in Victoria’s death. He said Fabian can’t be blamed for the murder because no one knew Kelley would turn out to be a murderer.
Aarons is asking Judge Brown to grant Gonzales’ release with a GPS ankle monitor and doesn’t believe he would be a danger to society. Kelley and Martens are still awaiting sentencing in the case.