BENTONVILLE -- A Rogers man had his capital murder trial delayed Thursday in the death of 2-year-old Ryland McDonald in 2021.
Gustavo Enrique Peraza, 31, has pleaded not guilty to murder and battery.
His jury trial previously had been scheduled to begin Jan. 29.
Benton County Circuit Judge Brad Karren granted a request last week from defense attorneys representing Shawna Cash for more time to review documents and interview possible witnesses.
Cash, 24, of Pine Bluff is accused of killing Pea Ridge police officer Kevin Apple. Prosecutors are seeking the death penalty.
Her trial was scheduled to begin July 31, but the judge reset the trial to begin Jan. 29, which meant Peraza's case needed a new date.
Karren scheduled Peraza's trial to begin April 29, but Peraza's defense team had a conflict with the date. The trial is now scheduled to begin Aug. 6, 2024.
Peraza was the boyfriend of Breyana Sawyer, Ryland's mother, according to court documents. He babysat the boy while Sawyer worked, according to court documents. Ryland died Aug. 24, 2021.
Police started investigating after being notified of the death by Mercy Hospital. Trauma to the stomach injured the boy's intestines, which led to a serious infection that caused his death, according to a probable cause affidavit.
A doctor told police the type of injury Ryland suffered is typically caused by a punch or kick to a child's abdomen and is typically inflicted within a week of death, the affidavit states.
Sawyer, 24, is charged with permitting abuse of a child. She pleaded not guilty to the charge. Her next court appearance is scheduled for Jan. 26.
Prosecutors haven't waived the death penalty in Peraza's case. If convicted of capital murder, he could be sentenced to life imprisonment without the benefit of parole or the death penalty.
He is being held without bond in the Benton County Jail.