Longmont suspect could avoid murder charges

We’re hearing from the 911 operator who answered the call from pregnant stabbing victim Michelle Wilkins.

Police say Wilkins, who was seven months pregnant, was responding to a Craigslist ad for baby clothes when Dynel Lane stabbed her.

Longmont 911 dispatcher Beth Kemper stayed on the phone with her until help could alive.

“If you have a large amount of blood loss, you can lose consciousness and I wanted her to know I was with her to make sure she didn’t give up,” Kemper said.

Wilkins is currently in critical but stable condition, but the baby died.

The Boulder County coroner tells us that more investigation is needed to find the cause of the baby’s death.

The grisly attack highlights a question: What’s the legal definition of a person?

Colorado is one of 12 states that has no specific law allowing homicide charges in the violent deaths of fetuses. It all depends on whether investigators determine if that child was actually born alive.

“There’s no way murder charges can be brought if it’s not established that the fetus lived as a child outside the body of the mother for some period of time,” said Stan Garnett, the Boulder County district attorney.

According to police reports, Lane’s husband told investigators he saw the baby take a gasping breath when he found her in a bathtub.

But after an initial autopsy, the coroner says more investigation needs to be done.

“The victim has to be born and alive,” said Victor Reyes, a longtime judge in southern Colorado. “The district attorney will talk to experts, talk to witnesses and decide whether there’s enough evidence to pursue charges, which could include murder charges potentially.”

Potentially, being the key word.

The Democratic-led state Legislature voted down a bill in 2013 and last year 65% of voters rejected a ballot measure that would have granted legal rights to unborn fetuses.

“For sure I imagine there could be charges including unwanted termination of the pregnancy, first-degree assault, second-degree assault,” Reyes said.

That information will be a key part of the investigation as dozens of officers are still working the case.

Lane likely won’t be formally charged until next week at the earliest.

She was arrested on accusations of attempted first-degree murder, first-degree assault and child abuse knowingly and recklessly resulting in death.