TYLER — The mother charged with the 2010 death of her 1-year-old, has avoided a murder charge. According to Smith County court documents, Judge Kerry L. Russell sentenced Emma Torres, 21, to two years in a state jail facility for child abandonment/endangering a child after she pleaded guilty. KETK reports, Torres was also facing a capital murder charge, but that was dropped Monday after the District Attorney’s Office filed a motion to dismiss it on August 20.
Torres and her boyfriend, Simon Lopez, 28, were indicted back in September 2011 for the death of Torres’ son, Jeremy Silva. An autopsy determined Silva died from blunt force trauma. Investigators say Lopez was watching the child in November 2010, when he called one of the mother’s relatives to say the boy wasn’t breathing. Tyler police say Lopez left the youngster with the relative and fled. In July, he was caught in Queretaro, Mexico. Lopez entered a not guilty plea on January 24. The charges against him remain in place.