LAS CRUCES — The alleged second shooter accused in a fatal gunfight at a city park is free as he awaits a preliminary court hearing next week.

State District Judge Douglas Driggers on Wednesday denied a bid by prosecutors to hold Elijah Sambrano, 18, behind bars ahead of his trial. He faces felony charges of aggravated battery with a deadly weapon and tampering with evidence for initially refusing to turn himself in or present his firearm for investigation. Court records indicate he was taken into custody on Sept. 10, six days following the incident.

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