BENTONVILLE (KFSM) - The Benton County prosecutor is seeking the death penalty against Cathy and Mauricio Torres, who pleaded not guilty to capital murder and first-degree battery charges Monday (May 4) in the death of their six-year-old son, Isaiah.
The Bella Vista couple was arraigned in Benton County Circuit Court on Monday morning (May 4). They are being held without bond in the Benton County Jail, with their next court appearance set for June 1. Both are charged with capital murder and first-degree battery.
Mauricio Torres' jury trial is set to begin Jan. 12, 2016. The jury trial for Cathy Torres is to begin Jan. 26, 2016.
Benton County Prosecuting Attorney Nathan Smith said his office did not file a separate rape charge against the parents since the child was raped in Missouri, outside of Benton County.
However, the child died in Benton County, so the capital murder charge was filed in that jurisdiction, Smith said. In addition, the rape is tied into the Benton County capital murder charge since the rape was part of the theory about how the child died, the prosecutor said.