LUBBOCK, Texas (KETK) – A Lubbock man who is charged with murdering an infant by stuffing her in a backpack has requested that he be let out of prison due to the coronavirus.
Trevor Rowe, 27, was arrested January 8 and charged with the capital murder of 11-month-old Marion Jester-Montoya. His bond was set at $2 million.
According to the petition, “The government’s interest in continued incarceration cannot be justified where incarceration itself exacerbates an ongoing and devastating public health crisis and brings a heightened risk of illness and death to people inside and outside the jail.”
Rowe also argued in his petition that he has yet to be indicted for the murder. In Texas, the district attorney’s office has 90 days to get a grand jury to hand down an indictment for a felony, a deadline that has passed in Rowe’s case.
The statute states that if the deadline passes, the person must be released on a personal bond.
According to the petition, Rowe believes he has been, “unlawfully restrained of his liberty by the Sheriff of Lubbock County, Texas.”
On March 29, Gov. Abbott signed an executive order that suspended certain aspects of the Texas Code of Criminal Procedure. One was suspending the rule of releasing defendants accused of violent crimes on personal bonds.
However, on April 10, a Texas judge issued a temporary restraining order blocking the executive order from taking effect. A hearing on the permanent status of the order is set for Friday, April 24.
EverythingLubbock.com contributed to this report