A DAD twice found guilty of raping his six-year-old to death with a stick will face a third trial.
Mauricio Torres, 50, allegedly sexually abused Isaiah in 2015 as punishment for eating a piece of cake while camping in Missouri.Dad Mauricio Torres faces a third trial for raping his son, six, to death with a stickCredit: Benton County Jail, Six-year-old was sexually abused in 2015
His first conviction was overturned and the second ended in mistrial so he now faces a third.
He was initially convicted of capital murder and battery in 2016 but the Arkansas Supreme Court threw out the ruling.
It was argued that rape could not be used as justification for the murder conviction, the MailOnline reports.
Torres was convicted again on the same charges in March 2020 but his stepson, Quinten Martin, tried to attack Torres in the courtroom during sentencing so the judge declared a mistrial.
The state's attorney general's office appealed, claiming the 2020 guilty verdict should stand but that a third jury could decide Torres' punishment.
Prosecutors are seeking the death penalty.Prosecutors are seeking the death penalty for TorresCredit: AP:Associated Press Isaiah was assaulted in Missouri and died at an Arkansas hospital a day laterCredit: fox24
The Arkansas Supreme Court rejected the appeal and ordered a new trial, the Arkansas Democrat-Gazette reports.
Attorney General Leslie Rutledge called the latest ruling "devastating".
She said: "Mauricio Torres has been convicted twice of the brutal murder of his son, but this decision means Isaiah's loved ones and the entire community will have to endure a third devastating trial.
"I will do everything in my power to bring justice for Isaiah."
Torres' son was assaulted in Missouri and died at an Arkansas hospital a day later.
His attorneys argue that he did not know his actions, which included inserting a stick into his son's rectum, could kill the boy.
Instead, they argue it was intended as punishment for eating a piece of cake without permission during a camping trip.
A medical examiner testified that the boy's death was caused by a bacterial infection resulting from sodomy and chronic child abuse.
Torres is being held in Benton County Jail without bail, pending a March 12 status hearing.
Torres' wife, Cathy, is currently serving life in prison after pleading guilty to capital murder for the child's death in 2017.
She testified against her husband but said she never realised the complete scope of her husband's alleged abuse against the boy.Torres' wife, Cathy, is serving life in prison after pleading guilty to capital murder for the child's deathCredit: fox24 Torres' stepson, Quinton Martin, 24, was testifying in March 2020 about his own physical abuse at the hands of his stepfather when he lunged at himCredit: Benton County Sheriff's Office