POSTED: Friday, July 26, 2013 - 6:03pm
UPDATED: Friday, July 26, 2013 - 10:03pm
LAS CRUCES, N.M. (KTSM) — Robert Flores was sentenced to 18 years in prison last April; he is convicted of negligence in his baby daughter's death in 2007, the case outraged the community because Flores left his baby daughter alone in a laundry basket so he could go buy beer.
5 years later, and after being found guilty he's released on bond...this after his attorney filed an appeal and a judge concurred.
"I recognize that the court has the authority to do so, I think in this case I strongly disagree with the court's decision, I think this young man should be incarcerated as it was due in the sentence" District Attorney Mark D’Antonio said.
Dona Ana County District Attorney, Mark D'Antonio, says this situation is extremely rare, considering the fact that he was found guilty, and that the bond has many requirements.
"it's extremely rare 98 percent unlikely against it, I want to be clear that the judge has the discretion to do what he did, so the judge did not overstep his authority but based on the facts of the case and what we know we believe that the court made a wrong decision" D’Antonio added.
Jacinto palomino the prosecutor who has been close to the victim's family affirms they're upset and demand justice.
"That he be out and walking amongst the public on 8 thousand dollars, they feel that that's a travesty of justice" Palomino said.
The district attorney's office has filed a response to the third judicial district court explaining why they oppose the controversial judge's decision.
"There’s a huge incentive for him not to show up only 8 thousand as supposed to going back to prison for 18 years" the deputy attorney concluded.