BENTONVILLE -- Prosecutors are expected to make a charging decision by the end of the week for a Springdale man accused of killing a 3-month-old boy.
Edward Alexis Martinez-Torres, 21, was arrested in connection with capital murder. Prosecutors haven't filed a formal charge against Martinez-Torres.
Martinez-Torres appeared in court Monday morning for a bond hearing, but it was reset because prosecutors are still reviewing evidence.
Martinez-Torres is being held in the Benton County Jail on a $500,000 bond.
Drew Ledbetter, Martinez-Torres' attorney, said he expects prosecutors to charge his client with first-degree murder instead of capital murder. Ledbetter believes it was necessary to reschedule the bond hearing until a formal charge is filed.
Martinez-Torres had 28 family members in court willing to assist him with bond, Ledbetter said Monday.
"I would like the court to know that they are all here supporting Alex," Ledbetter said.
Benton County Circuit Judge Robin Green reset the bond hearing for 8:30 a.m. Aug. 4.
Bethel Heights police and medical personnel went to 2923 Kings Drive on June 9 after a 911 call about a baby not breathing, according court documents.
The child -- referred to as "J.R." in a probable cause affidavit -- was taken to Northwest Medical Center-Springdale and later transferred to Arkansas Children's Hospital in Little Rock. Children's Hospital doctors determined he suffered a skull fracture. An autopsy by a medical examiner found the fracture was caused by nonimpact "compressive-force," according to court documents.
Kanchana Montero, Martinez-Torres' girlfriend, was the baby's mother. She told police after the boy's death Martinez-Torres was good with her children, and he viewed the baby as his son and treated him as a son, according to a probable cause affidavit.
Martinez-Torres, who was baby-sitting, said he was in the kitchen preparing food and the child was in the bedroom crying.
Martinez-Torres said he couldn't get the baby to stop crying. Martinez-Torres told police he slapped the baby on the face with an open hand, then grabbed him by the forehead, "palming and squeezing" it while pushing his head down into the mattress.
Martinez-Torres faces life imprisonment without the benefit of parole or the death sentence if convicted of capital murder. He faces from 10 to 40 years or life imprisonment if convicted of first-degree murder.
NW News on 07/26/2016