Bella Vista man to receive third murder trial in 6-year-old boy's death

Mauricio Torres is escorted out of the Benton County Courthouse Annex in June in Bentonville. (File photo/NWA Democrat-Gazette/Charlie Kaijo)
Mauricio Torres is escorted out of the Benton County Courthouse Annex in June in Bentonville. (File photo/NWA Democrat-Gazette/Charlie Kaijo)

BENTONVILLE -- Mauricio Alejandro Torres will receive a third trial in connection with the murder of his son, according to Thursday's ruling of the Arkansas Supreme Court.

The court agreed with Benton County Circuit Judge Brad Karren's decision last year to grant a mistrial after the jury found him guilty of killing the 6-year-old boy.

The state Supreme Court heard oral arguments in the case on Jan. 28.

Torres, 50, of Bella Vista, is charged with capital murder and battery. He has been found guilty twice. Prosecutors are seeking the death penalty.

He is accused of killing his son, Maurice Isaiah Torres, who died March 30, 2015, at a Bella Vista medical clinic, according to court documents.

Torres has had two trials on the charges, with the first one ending in a death sentence.

He originally was tried and convicted in 2016 and sentenced to death, but the state Supreme Court overturned the conviction in 2019 and ordered Torres be given a new trial because prosecutors didn't prove their case for the death penalty.

A second jury found Torres guilty last year of the murder and battery charges. The proceedings ended after a witness jumped from the jury box and attempted to attack Torres on March 5. A Benton County Sheriff's Office deputy and a bailiff stopped the witness from reaching Torres.

Karren declared a mistrial and ruled Torres should have another trial.

The Arkansas Attorney General's Office filed an appeal seeking to let the jury's guilty verdict stand, meaning the third jury would only decide Torres' punishment.

Veda Berger, senior assistant attorney general, told the seven justices on the Supreme Court that Karren made a mistake granting a mistrial in the guilty phase for an incident that happened during sentencing.

An error in the sentencing phase does not require the re-adjudication of the guilty phase of the proceedings, Berger said. She wanted the justices to send the case back to Benton County and have another jury decide Torres' punishment.

Jeff Rosenzweig, one of Torres' attorneys, agreed with Karren's decision. Rosenzweig told justices the witness jumped from the stand and overturned a table in an attempt to attack his client.

The state Supreme Court found that Karren did not commit an error and did not exceed his jurisdiction in declaring a mistrial as to the guilt phase of the trial. The higher court's opinion states Karren correctly determined that the unique circumstances in the case required a mistrial in the guilt and penalty phases of the trial.

Supreme Court Justice Shawn Womack was the only dissenting justice. He stated in his opinion that what happened during the sentencing phase had no bearing on the concluded phase of Torres' trial.

Torres is being held without bond in the Benton County Jail. A status hearing is scheduled for March 12.

Karren has issued a gag order prohibiting prosecutors and Torres' attorneys from commenting on the case.

Tracy M. Neal can be reached by email at tneal@nwaonline.com or Twitter @NWATracy.

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