FORT WORTH, Texas — Editor's note: Above video previously aired when Smith was released on bond.
The man accused of killing a Fort Worth maintenance worker at an apartment building has been placed back in jail after it was determined he violated one of his bond conditions. A competency exam has been ordered too, police say.
Devin Smith, the 29-year-old suspect, had previously been released on a $150,000 bond. He is accused of killing 30-year-old Carlos Aybar on April 21 in the front office of the Marq on West 7th Street in Fort Worth.
Court documents show the violation was Smith failing to abide by his 24-hour home confinement on Tuesday.
A summary of the incident said Smith emailed his community supervision officer Tuesday saying he needed to see his attorney, which the officer approved. Smith then said he would need to go to his storage unit and said he would need to go there occasionally, but the officer told him that would not be approved and he needed to go straight to his attorney and then back home. But the defendant reportedly went to the storage unit anyway.
On Monday, a motion from the state had been filed asking the judge to reconsider Smith's bond amount, a week after Aybar's family reacted to Smith's release.
"It's just not fair that the system is letting him out. For us it’s mind blowing," Aybar's aunt Rebeca Canelon said at the time.
The motion asked the court to reconsider Smith's bond amount due to a prior offense that took place April 6 and was filed with the Tarrant County District Attorney's Office on April 27.
In the offense, the document states Smith was accused of firing gunshots in public after being taken out of the Hyenas Comedy Club in Fort Worth. Shell casings found at the scene match casings from the murder offense.
Smith told a Fort Worth police officer, "If I see him he dead, I'm going to shoot him until he dead, I don't care who I hit," the document stated.
"It is unclear whether the Judge considered this shooting offense or the Defendant’s threats when setting the bond on the instant murder case," the motion states.
In a recorded statement, the document said Smith showed a complete lack of remorse for the death of Aybar, and that knowing what he knows now, including Aybar being unarmed, he would not have done anything differently.
When the detective asked Smith if he felt bad that Aybar was dead, the document detailed, Aybar reportledy said "no." He then asked Smith if someone pushes him two times, if he would shoot somebody who does it again. Smith reportedly said "If they push me once, I might get 'em before the second time."
According to the Fort Worth Star-Telegram, the incident between Smith and Aybar began as an argument over an animal control violation between Smith and a woman who worked in the front office of the complex.
The woman said she contacted Aybar because she was afraid of the way Smith was acting toward her, Fort Worth police said in a news release. The release said the woman told police that Aybar came to the office and, as Aybar attempted to get Smith to leave, Smith shot him multiple times.
Now, police say Smith is back in jail and a new bond hearing is on hold until Smith undergoes a competency exam -- which is scheduled for June 2, 2023.