LUFKIN, Texas (KTRE) - A confession suppression hearing has been scheduled for the man accused in the 2015 drowning death of 3-year-old Mason Cuttler, according to a prosecutor with the Angelina County District Attorney’s Office.
Ken Dies, a prosecutor with the Angelina County District Attorney’s Office, said the confession suppression hearing for Bobby Wayne Woods Jr. is scheduled for July 16 to 19, and it will be held in Judge Paul White’s 159th Judicial District Court.
Depending on the outcome of the suppression hearing, jury selection for Woods’ trial is scheduled to start on Aug. 5. Testimony in the trial is set to start on Aug. 7.
“We advised John Tunnell, the defense attorney, that Billie Jean Cuttler will be called to testify at the trial of Bobby Wayne Woods Jr.,” Dies said.
Woods, 21, of Lufkin, is still being held in the Angelina County Jail on a capital murder - child under the age of six charges. No bond amount has been set for his charge.
Mason was Billie Jean Cuttler’s nephew.
According to the sheriff's office, Woods confessed to killing Mason Cuttler.
Mason went missing on Aug. 17, 2015, around 1 p.m. He was found early the next morning in a pond owned by his family.
According to an arrest affidavit, Lieutenant Brett Maisel and Texas Ranger Steven Rayburn interviewed Woods, who said he took Mason to a pond, pushed him into the water, and watched him as he began to drown. Then Woods allegedly turned his back to Mason and made no attempt to rescue him, despite Mason’s cries for help.
The affidavit states Woods told law enforcement that he wanted Mason to die because his girlfriend was pregnant, and he wanted to make room in the home for his unborn child.
Earlier this week, Woods’ co-conspirator in the case agreed to a plea deal. White has not approved the plea deal for Cuttler yet because it is contingent on her meeting certain conditions.
As part of the plea agreement, Cuttler pleaded guilty to a lesser charge of conspiracy to commit murder, which is a second-degree felony. Angelina County District Attorney Joe Martin told East Texas News that if the plea agreement is approved, Cuttler will serve the maximum sentence for the charge, which is 20 years in prison.
Cuttler was originally charged with capital murder in connection to Mason’s death.
Back in May, an Angelina County jury found Cuttler mentally competent to stand trial. It was Cuttler’s second competency hearing.