TAMPA, Fla. (WFLA) — Court records indicate fugitive Enrique Toledo’s bail was one of the 10 lowest set in the past three years for Hillsborough County first-degree murder defendants.

Toledo, 54, allegedly shot his wife Heather Toledo, 37, last July in the couple’s Tampa home in front of their 18-year-old, with their two other children in a nearby room.

Investigators said Toledo told a 9-1-1 and operator he had just shot someone. After he was arrested, his bail was set at $150,000 and he was ordered to pay for a private sector monitoring device.

Heather Toledo’s brother Stephen Green and his wife Michelle said they thought putting the kids in danger by firing a gun in the house would have been enough to keep Toledo locked up without bail.

“How are three children who are witnesses at the scene, barricading themselves not taken into consideration?” Michelle Green asked. “If you’re going to do that to the mother of your children, wouldn’t you do that to the next person next to you?”

Toledo allegedly cut off the monitoring device and jumped bail the night before a December hearing to revoke the bond for allegedly violating a no contact order involving text messages to his children.

8 On Your Side reviewed Hillsborough County’s first-degree murder records since the start of 2020.

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Of the 126 cases, 10 involved bail of $150,000 or lower. Seventy-one of 126 defendants—nearly 60%—were held without bail.

Gary Weisman, Chief of Staff for the Hillsborough County State Attorney said the prosecution wanted a higher bond

“This is a case where a monitor was not enough,” Weisman said. “We prefer that violent offenders are in jail.”

Weisman pointed out the final bail decision was up to the judge in the case. He also said since Toledo’s rap sheet did not include violent felonies, the children might have needed to testify about the details of the crime to keep Toledo in custody without bail.

Michelle Green said the victim’s family would have considered allowing the oldest child who witnessed the gunfire to testify.

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“I would’ve talked with her, and I think she would’ve gone on the stand to keep this man behind bars,” Green said.

Mike Moore, Public Information Officer for Hillsborough County courts, said the judicial code of conduct does not allow comments on matters like this one.