TYLER, TX (KLTV) -
The Smith County District Attorney's Office has filed a motion to dismiss the capital murder charge against an East Texas mother.
Emma Torres was charged with the death of her one year old son, Jeremy Silva, in September 2011. Simon Lopez, who was living with Torres, is also charged with capital murder. The State is seeking the death penalty in Simon Lopez's case.
According to court documents, Torres has agreed to debrief and cooperate with prosecutors regarding the death of her son. Those documents also say Torres has indicated a willingness to cooperate and testify against Lopez.
Smith County District Attorney Matt Bingham said Torres will still be prosecuted, though it may be on her lesser charges of abandon/endanger child imminent danger. In the State's motion to dismiss, they say no agreement has been made with Torres as of right now, and it is possible Torres could be recharged with capital murder, depending on the information she provides and her level of cooperation with the State.
Torres is scheduled to take a polygraph test later this week. The State said the charges Torres will face are contingent on her providing both factual and useful information regarding Silva's death. Currently, Torres is also charged with two counts of abandon/endanger child imminent danger.
Jeremy was found beaten to death in the couple's home in late November 2010. Torres claimed she left the infant at home with Lopez while she was at work. As of Monday afternoon, both Torres and Lopez were in the Smith County Jail.
After running from law enforcement and allegedly assaulting a Dallas Police Officer on Christmas Eve 2010, the U.S. Marshal's Office captured Lopez in Mexico in the summer of 2011.
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Emma Torres. (Source: Smith County)
Simon Lopez. (Source: Smith County)
Jeremy Silva
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