BENTONVILLE -- Prosecutors will seek the death penalty for the couple charged with murdering their 6-year old son.
Mauricio Alejandro Torres, 45, and Cathy Lynn Torres, 43, appeared in court Monday morning for arraignments before Circuit Judge Brad Karren.
Possible sentences
Mauricio Torres and Cathy Torres of Bella Vista could each be sentenced to life imprisonment without parole or the death penalty if convicted of capital murder. The battery charge is punishable with a prison sentence ranging from five to 20 years.
Source: Staff report
The Bella Vista couple is charged with capital murder and first-degree battery, a Class B felony.
Maurice Isaiah Torres, 6, was taken to a hospital where he was pronounced dead March 29. A medical examiner later determined the boy suffered from chronic child abuse, and his death was from internal injuries caused by being raped, according to court documents.
Cathy Torres stood beside her attorneys and pleaded not guilty. Her jury trial is set for Jan. 26. Pretrial hearings are scheduled for June 1 and Jan. 25.
A deputy led Cathy Torres out of the courtroom just as another led Mauricio Torres in. He also pleaded not guilty. His jury trial is set to begin Jan. 12, and pre-trial hearings are scheduled for June 1 and Jan. 11.
Nathan Smith, Benton County prosecutor, said his office intends to seek the death penalty.
Mauricio Torres' attorneys already have filed some motions in his case. One motion deals with an attempt to prohibit pretrial publicity. Terri Chambers, one of Mauricio Torres' attorneys, asked Karren to grant the motion Monday.
The motion asks Karren to enter an order prohibiting the prosecutor, Arkansas law enforcement agencies, Arkansas Department of Human Services, state Medical Examiner and state Crime Laboratory from discussing the case.
Smith told Karren he doesn't plan to discuss anything about the case publicly except for information in the court file.
DHS may need an attorney at the proceedings, Smith said.
Karren took the motion under advisement until the June 1 hearing.
The Torreses both were dressed in black and white striped jail attire Monday. Karren granted a request they be dressed in regular clothing for future court appearances.
The Torreses also were arrested in connection with rape, but prosecutors didn't include that offense in the charging documents. The rape occurred in Missouri, not in Benton County, Smith said.
Smith said Monday his office doesn't have jurisdiction to charge the Torreses with rape. His office has jurisdiction in the murder case because the boy died in Benton County.
The suspected rape occurred in Branson, Mo., and could be prosecuted in Missouri.
Jeff Merrell, prosecutor for Taney County in Missouri, said no charges have been filed against the couple. The matter is an open investigation for the sheriff's office there, Merrell said.
Chambers, Gina Reynolds and Andrea Stokes, who are with the Arkansas Public Defender Commission, will represent Mauricio Torres.
Tony Pirani and Jay Saxton, Benton County chief public defender, and Rachel Stills, deputy public defender, will represent Cathy Torres.
NW News on 05/05/2015