MIAMI, Okla. -- An Ottawa County woman, found insane in the 2003 drowning death of her 17-month-old son, will be allowed to leave a mental hospital, a prosecutor said Friday.
District Judge Robert Haney signed the order Thursday ruling that Tony Elizabeth Torres, 37, was not a danger to society.
"She is still under the control of the state Department of Mental Health," Haney said Friday. "She is not allowed to be unsupervised with children."
Torres is no longer being housed at the Oklahoma Forensic Center, said Becky Baird, Ottawa County assistant district attorney. She will be sent to a residential halfway home outside of Ottawa County.
Alex Torres' body was found submerged in about 20 feet of water in Spring River, about four miles north of Twin Bridges State Park in northern Ottawa County on Aug. 21, 2003.
Tony Torres was found on a riverbank, and her son Brandon, who was 10 at the time, was found sitting on an opposite side of the river screaming for help.
According to Tony Torres' statement to investigators, the toddler was clinging to her as she waded across the river. She pushed the child away to save herself, making no effort to save him from drowning.
This is not the first time Torres has appeared before Haney requesting a release. Court records show Torres has requested to be released on day passes or similar situations on four occasions since November 2006. In all four requests, including the request dated June 8, the state has objected to her release, District Attorney Eddie Wyant said. Haney did allow Torres out to attend the August 2010 funeral of her son Brandon Wayne McKibben, 17, who died after being electrocuted.
In 2004 Haney declared the Quapaw woman insane on a first-degree murder charge. Torres, who was diagnosed with bipolar disorder, confessed to authorities when she was arrested, "God told me to do it."