ALBUQUERQUE, N.M. (AP) — A defendant charged in the 2016 killing of a 10-year-old Albuquerque girl has been released from jail pending his trial.

Fabian Gonzales has been in jail for more than three years and faces a charge of child abuse resulting in death.

Gonzales initially was accused of raping and murdering Victoria Martens. But prosecutors later determined he wasn't at the girl's apartment when she was killed.

Gonzales’ cousin, Jessica Kelley, and Victoria’s mother, Michelle Martens, have taken plea agreements in the girl’s death.

A judge earlier this month ruled Gonzales should be released from jail because his two misdemeanor convictions from years ago and DWI don’t qualify for pretrial detention.

Albuquerque TV station KRQE reports prosecutors filed an appeal Tuesday in an effort to get Gonzales back behind bars.

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Information from: KRQE-TV, http://www.krqe.com

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