KANSAS CITY, Kan. (AP) — A fugitive suspected of taking part in a mass shooting last weekend at a Kansas bar that killed four people and wounded five others was given probation last year for trafficking contraband in prison instead of more time behind bars.

Hugo Villanueva-Morales could have faced up to nine years in prison for the trafficking contraband conviction. Instead, he was freed by the same Leavenworth County, Kansas, judge who made news this year when he reduced the sentence of a convicted sex offender because he said the 13- and 14-year-old girls the man abused were actually the “aggressor,” The Kansas City Star reported.

Villanueva-Morales, 29, and Javier Alatorre, 23, are charged with four counts of first-degree murder in Sunday’s shooting at the Tequila KC bar in Kansas City, Kansas.

Surveillance video shows Villanueva-Morales entering the bar, where he got into an argument and was told to leave late Saturday, police said. It wasn’t clear whether Alatorre also was in the bar during the argument, but police said the two men later returned and opened fire. Alatorre was arrested hours later in Kansas City, Missouri.

Alatorre was recently released from jail in Missouri, where he faced pending charges for tampering with a motor vehicle, possession of a controlled substance and resisting or interfering with an arrest, detention or stop. A judge reduced his bail and released him on his own recognizance over the objections of prosecutors.