Capital murder charges dismissed in death of 18-month old
A motion put forth by Smith County prosecutors to dismissing capital murder charges against a woman in the death of her young son has been granted by the 7th District Court.
Emma Torres is charged, along with her boyfriend Simon Lopez, in the death of Torres' 18-month-old son Jeremy Silva in July 2011. Ms. Torres, 21, who was facing capital murder, will be tried after Lopez.
The capital murder charges are being dismissed because Ms. Torres is cooperating with the prosecutors in their case against Lopez.
The capital murder charges can be re-filed if Ms. Torres doesn't cooperate with the prosecution.
There is a restrictive and protective order now in place, which prevents any further comments on the cases, according to the District Attorney's Office.
Autopsy results released in November revealed Silva died from heart damage resulting from blunt force trauma to the chest, according to information from police.
Doctors also noticed other signs of abuse, including strangulation, broken ribs and severe bruising, according to the U.S. Marshals Service.