Following Rodriguez's arrest, prosecutors filed a motion to hold Rodriguez in jail pending a trial.

However, a judge denied the motion, releasing Rodriguez back into the community, according to Michael Patrick, spokesperson for the Bernalillo County District Attorney's Office.

Rodriguez is a employee with the City of Albuquerque in the street maintenance division.

“These allegations are very serious. City employee or not, anyone who is found to have committed such a serious offense should be prosecuted to the fullest extent of the law. The City will take appropriate action regarding Mr. Rodriguez’s employment, including ensuring that Mr. Rodriguez does not have contact with the public in his capacity as a city employee pending employment actions," said Johnny Chandler, public information officer with the Department of Municipal Development.