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No Murder Charges for Colorado Woman, Who Cut Unborn Baby From Pregnant Woman

March 28, 2015  |  Posted by: JammedUp Staff
No Murder Charges for Colorado Woman, Who Cut Unborn Baby From Pregnant Woman

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Dynel Lane, 34, the Colorado woman investigators accuse of cutting an unborn baby from the womb of an expectant mother will not face murder charges.

On Friday, The Boulder County District Attorney charged Lane with a total of eight felony counts, including the unlawful termination of a pregnancy.

Michelle Wilkins, 26, went to the Longmont home of Lane on March 18 after she answered a Craigslist ad offering baby clothes.

Once inside the Lane beat and stabbed Wilkins, then with surgical precision, cut the unborn baby girl right from the woman’s stomach. Wilkins managed to muster enough strength to lock herself in a room in the basement, which preventing further damage and dial 911.

Lane was charged with first-degree attempted murder, two counts of assault in the first-degree assault and two counts of second-degree assault. Prosecutors also charged lane with two counts of a crime of violence, which enhances punishable sentences.

County District Prosecutor Stan Garnett said the lack of evidence showing that the infant was alive during the March 18th attack, led to the decision not to charge Lane with murder.

“I understand the people in the community wanting to charge the suspect ith murder, and heaven knows I’ve heard from a lot of them,” Garnett said at a news conference Friday.

“Unfortunately, that is not possible under Colorado state law without proof of a live birth,” Garnett said.

“Colorado criminal law defines homicide as the killing of a person by another,” Garnett said. “It identifies a person, when referring to the victim of a homicide, as a human being who had been born and was alive at the time of the homicidal act.”

County Coroner, Emma R. Hall said in a press conference “neither the results from the autopsy or the investigation provided any substantial evidence that the baby was alive outside the womb.”

The case has reignited the fetal homicide debate with supporters on both sides of the abortion debate.

Under Colorado law, an individual can be charged with the murder of an unborn child if the infant is deemed still alive outside the mother’s body. The act of violence committed has to have led directly to the child’s death.

Lawmakers rejected a 2013 fetal homicide bill. However, legislators passed a law, which makes it a felony crime for acts that lead to the death of a mother’s fetus, which is Punishable up to 32 years in prison.

“A 34-week fetus has a 98 percent chance of survival if born into proper medical care,” said Neonatologist Dr. Clyde Wright from the University of Colorado Children’s Hospital.

“I think it’s safe to say for any indication, it would be shocking for a 34-week baby not to survive,” Wright added.

One of the responding Police Officers said no amount of training could have prepared them for the horrific scene they encountered when discovering Wilkins.

Officer Billy Sawyer told CNN, “She covered in blood, and she reached out for my hand to comfort her.”

“I held her hands and listened to her, She was not aware she was no longer with her child,” he said.

David Ridley, the husband of Lane, said he discovered the infant in the bathtub, struggling to breath. He told investigators that he rushed the baby girl to the hospital where she died.

Wilkins survived the attack after undergoing surgery for her injuries.

Lane is being held on $2 million bond.

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