ALBUQUERQUE, N.M. (KRQE) – The state responded, now a judge will decide whether to scale back conditions of release for Justin Hansen.
Hansen was arrested last month for the 2008 beating of then-Cibola High School student, Brittani Marcel.
Judge Charles Brown released him while he awaits trial, but Hansen has since filed a motion claiming the rules are creating a burden for his family members with jobs.
His conditions of release require a family member or other responsible party to be with him at all times.
The state has now filed its own motion. It says Hansen and his family knew what they were agreeing to, and say Hansen could always go back to jail.
The matter goes before a judge next month.