A judge has dismissed one charge of Abandoning a Child against an East Texas mother, and the mother has plead guilty to another charge of Abandoning a Child with Intent to Return, a state jail felony.
Emma Torres was charged with the death of her one year old son, Jeremy Silva, in September 2011. She will now serve two years in prison. She will also testify against Simon Lopez, who was living with Torres, and who 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.
Back in August, Smith County District Attorney Matt Bingham said Torres would 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 it is possible Torres could be recharged with capital murder, depending on the information she provides and her level of cooperation with the State.
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.
The charge Torres plead guilty to is in connection to a 5 year old child who was in the home the night Jeremy was killed.
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