ALBUQUERQUE, N.M. (KRQE) – A young mom is charged with the drive-by murder of 18-year-old Aliyah Garcia, who was in the wrong place at the wrong time. That mom now wants a favor from the judge: a later curfew for Halloween.Marisa Sepulveda is charged with playing a major role in the death of Aliyah Garcia.

Garcia was killed in a drive-by shooting in the South Valley near Atrisco and Arenal back in May of 2016.

Police say Sepulveda set the murder in motion when she told a group of friends to rob someone who had a pound of marijuana. Garcia just happened to be nearby when the shots rang out.

Judge Briana Zamora allowed Sepulveda to stay out of jail as long as she was under intense supervision. That supervision includes staying off drugs, GPS monitoring, counseling, and an 8 p.m. curfew.

However, that curfew is a little too early for Sepulveda. She’s now asking the judge to extend her curfew to 9:30 p.m., just for Halloween so she can take her daughter trick-or-treating.

For people like Jonathon Correon, who lives near Sepulveda in the Wells Park neighborhood near Seventh Street and Mountain Road, he says 9:30 p.m. is a little late to be trick-or-treating.

“I don’t see many kids out, I mean it’s super dark by then. Normally, they start at 6:00 p.m. and go until 8:00 p.m.,” he said.

Aliyah Garcia’s sister, Sharlene, tells KRQE News 13 her sister loved Halloween and because of Sepulveda’s actions, she won’t ever get to experience that again. She hopes the judge will deny the request.

In Sepulveda’s request, it states she has gone almost a full year without a single violation. Yet, in the beginning of this year, she failed a drug test.

Correon says Sepulveda’s request is something she does not deserve.

“No sorry, have a good day. You did something and here’s the rules,” he said.

Sharlene Garcia says the family doesn’t even agree with Sepulveda being out of jail in the first place. She says if a judge grants the request, it’ll just be adding insult to injury.

The hearing will be at 8:45 a.m. on Tuesday. Her murder trial is set for next January. She’s also awaiting trial for dealing meth; those charges are from before the murder.

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