Prosecutors said they have not decided whether to seek the death penalty. County Criminal Court Judge Phil Barker ruled the state had probable cause to refer the cases to a Dallas County grand jury. The judge also ordered Mrs. Perez held without bail. Assistant District Attorney Kate Porter conceded after an evidentiary hearing Thursday that the state's case is based on circumstantial evidence. The kids had gasoline on their clothing, and kids don't normally have gasoline components on their clothing.
Mom is the only one with access to the apartment.
Mrs. Perez, who has maintained her innocence since her arrest earlier this month, wiped tears and rolled her eyes upward throughout the hearing. Her husband, Hermeregildo Perez Jr., declined to comment as he left the courthouse. The short period between the time Mrs. Perez left the children in the locked apartment and the moment she detected the fire. Mrs. Perez is believed to be the only person during that time who had access to the apartment. Mrs. Perez told police she went upstairs that morning after her husband left for work to have her daily coffee with a neighbor.