Cassie Smith, the mother of 3-year-old Daniel Theriot appeared in a Las Vegas courtroom Friday morning to be arraigned on the charge of murdering her son.

Her boyfriend, Joshua Oxford was did not show up at court although he was scheduled to appear. He is also facing a murder charge.

Judge Melanie Tobiasson said if he refuses to appear again they need to bring him to court by whatever means are necessary.

Oxford’s attorney said he didn’t feel well and that was why he didn’t appear.

He is now scheduled to be arraigned on the murder charge on Monday morning.

Smith told the court she is not able to hire her own attorney. She will be given a public defender.

Smith, 20, and her boyfriend, Oxford, 40, were arrested after the child’s body was found in a remote area near Lake Mead on Labor Day after Smith reported him missing. They are already facing child abuse charges for Daniel’s 2-year-old brother.