Man accused of stomping foster baby to death scheduled to appear in court

FILE PHOTO - Antonio Lopez in El Paso County Courthouse

Antonio Lopez was at the El Paso County Courthouse for a bail hearing Friday morning. Lopez is accused of stomping his 11-month-old foster daughter to death in 2012.

The judge decided to let him out of jail while he waits for a retrial. She also decided to lower his bail.

He went on trial this year, but the jury could not reach a verdict, and the judge declared a mistrial. Nine jurors wanted an acquittal and three wanted a conviction.

On Friday, the judge ruled Lopez will be out of jail until his retrial in September. He will live in his father-in-law's house with his (Lopez's) mom. The judge reduced his bail. It was originally at $250,000 surety and $50,000 personal recognizance. She is going to reduce the $250,000 down to a $25,000 surety bond, and will keep it at $50,000 for the personal recognizance portion. His bail is $75,000 total. The terms of the personal recognizance bail are as follows:

He will remain in El Paso County at a home in Fabens.

He cannot have a change of residence without prior approval of the court. His wife has to live separate from him in order to keep Jeremiah, another foster kid, away from Lopez. Jeremiah is his father-in-law's foster child. Lopez's wife is the caretaker when her dad goes out of town.

There is to be absolutely zero contact between Jeremiah and Lopez.

Lopez can have unsupervised contact with his kids. His wife said she is OK with that.

Lopez may not have unsupervised contact with any kids except his own; an adult must be present.

Lopez may not have any contact with any of the state's witnesses from the prior trial, adult or child, except his mom.

Lopez has to report once a week until the trial in September

He can't be around bars, drugs or alcohol, or be arrested or commit any offenses.

His curfew is 9 p.m. to 6 a.m., except for school or church-related activities.

In 2012, Lopez confessed to the crime, but his attorneys say another foster child may have killed the baby.

The retrial is set to begin in September.

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