Fabian Gonzales to be released any day now
One of the men tied to one of the most horrific cases of child abuse in the state could be released from jail any day now.
Fabian Gonzales will be released from jail with no GPS monitoring until trial, Judge Charles Brown ruled Wednesday. However, that trial has not been scheduled.
As of noon on Friday, the Metropolitan Detention Center has not processed Gonzales' release, according to MDC Public Information Specialist Candace Hopkins.
Exactly when Gonzales will be released remains to be seen. The court division known as pretrial services is "reviewing the court's order and is following standard processes and protocols," according to District Court Executive Officer James Noel.
Gonzales was arrested in August of 2016 after Victoria Martens was found murdered and dismembered on her 10th birthday.
Victoria’s mother, Michelle Martens, as well as Gonzales and Gonzales’ cousin, Jessica Kelley, were originally named as the prime suspects in the girl’s murder. But last year, that theory started to unravel after prosecutors determined the events as described in Michelle Martens confession to police did not match up with evidence.
Michelle Martens was the first to accept a plea deal, resulting in the most serious charges being dropped in exchange for her pleading guilty to child abuse resulting in death.
At the start of this year, Kelley also took a plea deal. She pleaded no contest to child abuse recklessly caused resulting in death, tampering with evidence and aggravated assault.
Because of the new information that came to light after Michelle Martens' plea deal, prosecutors dropped the murder charges against Gonzales. He is still charged with dismembering Victoria, charges of tampering with evidence and child abuse resulting in death.
The court is working to determine his terms of release, including who he will stay with once released.
Brown did say that Gonzales could not stay with his brothers because they are considered witnesses in the case involving Victoria because he communicated with them before and after the girl’s death.
Prosecutors tried to keep him behind bars, arguing that his DNA was found on items used to clean up the crime scene inside the apartment where Victoria was killed.
But attorney’s for Gonzales argued he’s not a danger to the community.
And Brown agreed, saying prosecutors were not able to prove he was a danger.
At this point there is no form of GPS tracking planned for Gonzales. Pretrial services could change that and order him to wear a tracking device, if they are able to find a place for him to stay.