tyler, tx — The Smith County District Attorney's Office has filed a motion to dismiss a capital murder charge against Emma Torres, 21, in connection with the 2010 death of her toddler.
Torres and her boyfriend, Simon Lopez, 28, were indicted  back in September 2011 for the death of Torres' one-year old son, Jeremy Silva.
An autopsy determined Silva died from blunt force trauma. Investigators say Lopez was watching the child in November 2010, when he called one of the mother's relatives to say the boy wasn't breathing. Police say Lopez left the youngster with the relative and fled. In July, he was caught  in Queretaro, Mexico.
Both suspects entered a not guilty  plea on January 24. The charges against Lopez remain in place.