A Colorado woman who attacked a pregnant woman and cut the seven-month-old unborn baby out of her stomach will not be charged with murder, according to reports. Pro-life groups have voiced their outrage as the woman will now face first-degree attempted murder, unlawful termination of pregnancy in the first degree, first-degree assault and second-degree assault .
Dynel Lane, 34, reportedly Michelle Wilkins, 26, to her home with a Craigslist ad for baby clothes. When the pregnant mother-to-be arrived, Lane cut the unborn child out of the woman’s stomach and drove the the hospital with the baby.
Wilkins is expected to recover, but the baby did not survive the attack.
Boulder County prosecutor Stanley Garnett that Lane would not be charged with murder and new reports now indicate she will face the charages listed about.
Life News reports an autopsy that was performed on the baby could not determine if the child survived out of her mother’s womb.
“Neither the autopsy or the investigation have provided any evidence that the baby exhibited any signs of life outside of the womb, therefore the circumstance is not being considered a live birth,” coroner Emma Hall said in a statement sent to 7NEWS
In the state of Colorado, the death of a fetus cannot be considered a murder unless the baby survived apart from the mother.
According to the police affidavit, Lane’s husband believed he heard the baby, Aurora, gasp for breath.
“I know it has been widely reported… that the witness observed Aurora taking a gasping breath,” District Attorney Stan Garnett said. “However, upon a thorough examination by the Longmont Police Department, the witness clarified that Aurora was still. Her mouth was open, but she was not breathing, which is consistent with the medical evidence from the autopsy.”
9 News notes that “Colorado has twice rejected proposals to make the violent death of a fetus a homicide, refusing to join 38 other states and the federal government for fear such a law would be used to restrict abortions.”
“She must be insane to do something like this, but it was premeditated,” said Michael Lane, the father of Lane’s ex-husband told ABC. “It was premeditated. She had planned this and she had some expertise in doing this surgical procedure that she did.”
Kaye Wonderhouse - Catherine "Kaye" Wonderhouse, a proud descendant of the Wunderhaus family is the Colorado Correspondent who will add more coverage, interviews and reports from this midwest area.