One of the teens accused of murder at an Albuquerque gas station will not remain behind bars until trial

ALBUQUERQUE, NM (KRQE) – One of the teens accused of murder at an Albuquerque gas station will not remain behind bars until trial. 17-year-old Caprice Sicilia is one of five teens accused in the death of Kayla Montano at a Maverik gas station on March 25.

Police say it was a case of mistaken identity and the teens thought Montano was someone who tried to rob them earlier in the day. The state filed a pre-trial detention motion saying Sicilia is a serious youthful offender and therefore dangerous. The defense argued Sicilia is still considered a juvenile in the case, since she has not yet been indicted by a grand jury.

Judge Bruce Fox agreed with the defense and denied the state’s motion. “If you do bring it before a grand jury, or a preliminary examination, and it is bound over on first degree murder. Then we will come back if the state continues to wish to pursue preventative detention,” said Judge Fox. The case will now head to children’s court.