Smith County District Attorney Matt Bingham said during a pretrial hearing for accused capital murderer Simon Lopez this morning that he will announce on May 5 if his office will seek the death for the accused.
Bingham said to Judge Kerry Russell that the Mexican Attorney General's office told him the seeking of the death penalty would not violate the U. S. Extradition treaty with Mexico.
Lopez, 27, of Tyler, was taken into custody in July in Mexico. He has been charged with capital murder in the November death of 18-month-old Jeremy Silva, the son of his girlfriend, Emma Torres.
Lopez is being held in the Smith County Jail on a $2 million bond as he awaits trial. In August, Bingham said his office might seek the death penalty for Lopez. On Tuesday, Bingham said there was a restrictive and protective order in place and that he could not comment further on the case.
Lopez was babysitting Silva and another child while their mother, his girlfriend , was at work, according to the U.S. Marshals Service. He reportedly contacted the boy's aunt and told her he was not breathing. Silva was dropped off with the aunt, where he was taken to the emergency room and pronounced dead, according to the U.S. Marshals Service.
Ms. Torres, 19, is also charged with capital murder and is being held on a $2 million bond in the Smith County Jail.