SMITH COUNTY (KYTX) - A Smith County judge granted District Attorney Matt Bingham's request to dismiss the capital murder charge against Emma Torres Monday.
Torres was accused of murder in the 2010 death of her 2-year-old son Jeremy Silva. That charge was filed nearly a year after prosecutors obtained an arrest warranty for Torres' boyfriend, Simon Lopez. Lopez remains charged with capital murder for allegedly beating Silva to death in November of 2010.
Bingham said Torres agreed on August 16 to cooperate in the state's effort to prosecute and seek the death penalty against Lopez. He believes she has key knowledge of Lopez's involvement in Silva's death.
Torres was originally scheduled to go to trial on September 13, 2012. Bingham said she will be taking a polygraph test this Friday, and then begin helping the state build its case against Lopez.
Torres still faces two newly indicted charged of child abandonment, with bonds totaling $1 million. Torres' attorneys assured Judge Kerry Russell that she will remain in the Smith County jail, as she is unable to post bail.
Bingham's motion to dismiss the capital murder charge was granted without prejudice, meaning if Torres' information turns out to be useless, or if she stops cooperating with the state, she can be re-indicted for capital murder.
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