A Smith County grand jury on Tuesday indicted 20-year-old Emma Torres and 26-year-old Simon Lopez on capital murder charges. An autopsy determined Jeremy Silva died from blunt force trauma.
Investigators say Lopez was watching the child last November in Tyler, while the mother was at work, when he called one of her relatives to say the boy wasn't breathing. Police say Lopez left the youngster with the relative and fled. He was caught in July in Queretaro, Mexico.
Bond was set at $2 million each for Torres and Lopez. Online Smith County Jail records Wednesday did not list attorneys for them.
Prosecutors have not said whether they'll seek the death penalty.