ROGERS, Ark. — Three years after his arrest, a Rogers man accused of killing his girlfriend's 2-year-old son in 2021 has received a new trial date.
A 2-year-old boy was admitted to a clinic in Rogers for vomiting on Aug. 20, 2021, according to court documents. Doctors who evaluated the child referred him to Arkansas Children's Hospital (ACH) because they were concerned "of blunt force trauma to his stomach or some type of cancer," the affidavit of probable cause said.
The affidavit then claims that the boy was "treated and released" from ACH on Aug. 20, the same day he was brought to the clinic by his mother, Breyana Sawyer.
Three days later, Sawyer brought her son back to the clinic for a follow-up, where "His bloodwork indicated his condition improved," documents said. Investigators said that after leaving the clinic, Sawyer brought her son back to her boyfriend Gustavo Peraza, who would watch her 2-year-old while Sawyer was at work.
According to text messages obtained in a search warrant, Peraza texted Sawyer that the boy was vomiting more than usual.
Peraza then reportedly brought the boy back to Sawyer. A short time later, the 2-year-old was rushed to the hospital, where he was pronounced dead. In one of her text messages to Peraza that day, Breyana said "he literally was good and he just fell down and I don't think that was enough to hurt him".
In Gustavo's arrest affidavit, police said the text messages between him and Sawyer showed a pattern of the boy getting hurt while Peraza watched him.
According to an autopsy performed by Dr. Jennifer Forsythe on Aug. 25, the boy's body had bruises on his face, arms, legs and torso. Dr. Forsythe concluded that the boy died from a severe infection caused by non-accidental blunt-force trauma to the abdomen.
Peraza was charged with capital murder and first-degree battery on Sept. 14, 2021, and was arrested the same day.
Sawyer was arrested for permitting child abuse nine days after Peraza's arrest in 2021. She pleaded not guilty, and is serving as a co-defendant in the case against Peraza.
Court
In November 2021, Peraza pleaded not guilty. Since his arraignment, Peraza has changed lawyers, both of whom filed dozens of motions between them, subsequently causing the pretrial process to continue for years. His trial is set to begin on Feb. 3, 2025, at 8:30 a.m.
More information on a true timeline may be known after a motion hearing scheduled for Nov. 18 in the case against Peraza and Sawyer.
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