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FORT WORTH, Texas - A suspect in the murder of a Fort Worth maintenance worker is back behind bars after violating the terms of his bond.
Devin Smith is accused of shooting and killing apartment maintenance worker Carlos Aybar on April 21. Police say Smith got into a heated confrontation with an employee in the office at The Marq on West 7th Street apartment complex. When Aybar tried to help, Smith shot him, according to police.
Smith was released on $150,000 bond on May 1 and ordered to be on house arrest.
Court documents say that Smith "failed to abide by 24-hour home confinement" and he was arrested on Tuesday.
Devin Smith
Lawyers filed a motion for the judge to reconsider Smith's bond.
In the motion, lawyers bring up another charge Smith is facing.
Lawyers claim that on April 27, 2023 the Tarrant County District Attorney's Office filed a deadly conduct - discharge firearm felony charge against Smith.
According to the offense, Smith is accused of fired gunshots in public after he was removed from Hyena's Comedy Club in Fort Worth.
Shell casings from the scene are said to match those from Aybar's murder.
A Fort Worth police officer also said that Smith told him, "If I see him, he dead. I’m going to shoot him until he dead, I don’t care who I hit."
Lawyers said at this time it is not clear if the judge in the Aybar murder case knew about the shooting offense or threats when setting bond in Aybar's murder.
Aybar's family was frustrated with Smith's original bond.
"Just knowing that he is out for us, it doesn’t let us grieve in peace," Rebeca Canelon-Diaz, Aybar's aunt, told FOX 4 earlier this month.
Smith's bond will be reconsidered at a court hearing next week.