FORT WORTH, Texas — The man arrested in the killing of a Fort Worth maintenance worker at an apartment building has been released on bond, according to documents from the Tarrant County District Clerk's office.
Fort Worth officers arrested Devin Smith, 29, in April on a murder charge in the death of 30-year-old Carlos Aybar at a Fort Worth apartment complex. He has since been released on bond for $150,000, according to court and jail records.
On Tuesday, Aybar's family shared their reaction 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.
The conditions of his bond include no new offenses, no weapons and being supervised by the Tarrant County Community Supervision and Corrections Department. Smith also won't be able to come into any contact with the Marq on W. 7th in Fort Worth, which is the scene of the crime.
"A tracker doesn’t make a difference," Canelon said. "We can't have any type of peace? How can we even go to sleep at night thinking that this guy is just sitting watching Netflix when we lost a loved one?"
Aybar was a maintenance worker at the luxury apartment complex in Fort Worth’s cultural district.
"He was a gentle giant," Canelon said. "Everybody loved him, and he died helping someone."
Aybar was shot and killed in the front office on April 21. Smith was a fellow resident of Aybar. When officers arrived that day, they found Aybar dead from apparent gunshot wounds, according to the police incident report.
"Carlos is not gonna be one more number. Something needs to be done," Canelon said.
The homicide unit was called in to investigate, and officers arrested Smith on a murder complaint Friday, according to the report.
According to the Fort Worth Star-Telegram, this incident 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.
That's when the woman reportedly locked herself inside of a restroom as the suspect was shooting from outside the door, according to the Star-Telegram.
Neighbors said they knew something bad happened when they saw the police presence.
"Like six police cars rolled up," neighbor Charles Ready said. "All the cops jumped out and they started pulling guns and running in the offices right on the corner."
Aybar's family members said they're worried Smith's release could put others in the community in danger.
"This time it was Carlos," Canelon said. "But someone else might be next time, and who's gonna stop this from happening if he’s out there?"
Smith's full list of bond conditions include:
- No new offenses
- No illegal controlled substances
- No alcohol
- No firearms or weapons
- County Community Supervision and Corrections Department pretrial caseload (You must be supervised by the Tarrant County Community Supervision and Corrections Department)
- Intensive monitoring (Fully participate in and comply with the rules and requirements of the County Community Supervision and Corrections Department electronic monitoring programs)
- GPS monitor (24-hour home confinement and house arrest)
- UA testing monitoring by County Community Supervision and Corrections Department (Submit valid, non-diluted, non-adulterated urine samples for testing for controlled substances, cannabinoids, and alcohol)
- Pretrial supervision reimbursement fee ($60) each month during the period of supervision.
- Contact restrictions (No contact with the Marq on W. 7th in Fort Worth)
- Exclusion zones for GPS monitor