According to art. 166 the penalty is between 5 up to 15 years of jail if the theft concretes with a gun.
If it is an attemp, then the penalty is 33%.
But if the gun seems fake, then it is between 3 up to 10 years for the crime and 1/3 for the attemp
At federal criminal courts even the criminal procedure code says that on crimes with over 8 years of jail the prisión during the procedure is automatic, judges enforce human rights standards that says the the jail during the procedure is legal only if 1) the is risk that he escapes from justice 2) if he tries to destroy evidence or intimidates or try to kill witneses.
However, seems that he is facing a penalty between 1/3 years so, freedom is the rule because he is inocent until a judge sentence him guilty.
As far as him didn't shoot the genious, i believe that it was a toy gun.
He was caught 6 days later. He is waiting for the trial in liberty.