FORT WORTH (CBSDDFW.COM) – One of the North Texas men accused of being involved in a deadly hit and run crash bonded out of a Florida jail.

According to the Dallas County district attorney, Rogelio Avila was a passenger in the minivan that hit 13-year-old Ethan Vasquez and his mother.

Avila and the suspected driver in that crash, Dagoberto Castanon, were arrested in Florida days after that deadly crash.

Hit and run suspects Dagoberto Castañon (L) and Rogelio Avila (R). (credit: Lee County FL Sheriff's Office)

Hit and run suspects Dagoberto Castañon (L) and Rogelio Avila (R). (credit: Lee County FL Sheriff’s Office)

According to his attorney, Matthew Toback says Avila is back in North Texas after paying a $25,000 thousand dollar bond to bail out of jail.

At a court hearing on Friday in Florida, Dallas County District Judge Jannine Howards approved a request to drop Avila’s capital murder charge to murder and reduce his bond. By Saturday, Avila posted bond and was released from jail.

Avila was on probation for possession of a controlled substance, at the time of the crash.

A spokesperson for the Dallas district attorney’s office said because Avila was a passenger in the suspect vehicle at the time of the crash, he may not be charged with murder.

Attorney Clint David, who is not involved in this case discussed possible scenarios.

“Did he help in aiding an escape? Did he help in covering up the crime?” David questioned. “So even though it may not be capital murder, there may be other conduct that he did that he may be able to be charged with in the future.”

Police are still investigating which charges can be filed. Avila has not been indicted, so his case still has to go before a grand jury.

The Vasquez family had no comment on his release from jail.

Meanwhile, Castanon remains in a Florida jail under a $1.5 million bail. It’s unclear when he will be extradited back here to Texas.

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