tyler, tx — Emma Torres, the mother charged with the 2010 death of her one-year-old, has avoided a murder charge Monday.
According to Smith County court documents, Judge Kerry L. Russell sentenced Torres, 21, to two years in a state jail facility for child abandonment/endangering a child after she plead guilty.
Torres was also facing a capital murder charge, but that was dropped Monday after the District Attorney's Office filed a motion to dismiss  it on August 20.
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. Tyler 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.
Torres is currently being held in the Smith County Jail.