ALBUQUERQUE, N.M. – The mom accused of driving her teenage children to and from the scene of a murder has been released from jail Tuesday. 

But the two teens – who told police say shot into the apartment, killing the victim – will remain behind bars.

There were multiple reasons the judge decided to let her go, but mainly, the judge said the state didn’t prove the mom posed a threat to the public.

34-year-old Raeanna Ruiz was arrested on an open count of murder last week. In court, her attorney argued there wasn’t enough evidence to keep her in jail.

“Yes to these two individuals are her children. Obviously, one of them shot through the door. But that’s that’s not on my client, and both of those individuals are detained at the Juvenile Detention Center. So I do think that there are release conditions that the court can fashion,” said Stephanie Gonzales Gulley, defense attorney.

The state tried to place the mom at the scene using cell phone data. The criminal complaint says someone told the daughter to “shoot through the door,” but no one could hear that from the video.

“When I watched it, the only sound I heard were of the shots. I didn’t hear the person saying, “Shoot through the door,” said Judge Emeterio Rudolfo. 

The state argued the shooting wouldn’t have happened if Ruiz didn’t drive them to the apartment complex. But her attorney argued the mom didn’t know her daughter had a gun.

Then added, Ruiz has five other children and a grandchild she has to take care of, and she can’t do that if she is in jail. 

In the end, the judge sided with Ruiz.

“I don’t believe that the state has met that burden to show that they’re likely to pose a threat to the safety of others if released, pending trial. And so I do find that there are conditions of release which would reasonably protect the safety of others,” said Rudolfo.   

Ruiz will be released on a GPS ankle monitor. She is allowed to drive her children around town but is ordered not to go near the apartment where the shooting happened.

She is also not allowed to contact her two children that are still in custody.