The DA’s decision was based on:
- The coroner’s determination that the unborn child never exhibited signs of life outside the womb
- Colorado law, which provides that a murder victim must qualify as a person, and to qualify as a person a baby must be alive outside the womb.
The accused, 34-year-old Dynel Lane, has instead been charged with attempted murder of Michelle Wilkins, multiple counts of assault on Michelle Wilkins, and unlawful termination of a pregnancy. Lane could face a 100-year prison sentence.