LITTLE ROCK, Ark. (KAIT/KNWA) - A Northwest Arkansas man accused of capital murder in the death of a 6-year-old child will go on trial for the third time after state Supreme Court justices granted him a writ to allow him to ask for an appeal of his conviction.
According to content partner KNWA, the Arkansas Supreme Court heard the case of Mauricio Torres.
The 16-page opinion was released Thursday, KNWA reported.
Torres was retried and was found guilty in March 2020 of capital murder and first-degree battery of Isaiah Torres.
According to KNWA, a witness in the case, Torres’ stepson, Quinton Martin, lunged toward Torres during the penalty phase of the trial.
Authorities believe Martin lunged at Torres to try to assault either him or his attorneys. However, Torres’ attorney asked for a mistrial in the sentencing phase and the sentencing proceeding.
A judge did declare a mistrial in the guilty and penalty phase.
Torres appealed the conviction by the jury, and the state Supreme Court reversed the conviction, KNWA reported.