LONGMONT, Colo. (CBS4) - A woman suspected of cutting an unborn baby from a woman's belly in Longmont will face several charges, including attempted murder, in the attack.
Boulder County District Attorney Stan Garnett won't charge Dynel Lane, 34, with murder. He discussed why during a news conference to announce the charges.
"Colorado criminal law defines homicide as 'the killing of a person by another' and it defines a person as 'a human being who had been born and was alive at the time of the homicidal act. That person does not include a fetus even if the child is born following the injury which ultimately results in its death.' On this point, Colorado law is absolutely unambiguous. A prosecutor cannot file murder charges when a baby who is killed, has not lived outside the body of the mother. For similar reasons I cannot bring charges of child abuse resulting in death," said Garnett.
Charges were filed against Lane on Friday that include first-degree attempted murder, first-degree assault, second-degree assault, and first-degree unlawful termination of pregnancy.
Police say Michelle Wilkins, 26, had answered a Craigslist ad for baby clothes placed by Lane. Lane is accused of stabbing Wilkins and removing her baby. Lane was arrested at Longmont United Hospital with a deceased baby. Police say she said she had a miscarriage.
Wilkins left the hospital on Wednesday and is recovering at home.
RELATED STORIES: Michelle Wilkins Story Archive
The Wilkins family released this statement Friday evening in regards to the charges announced by the Boulder DA:
"The Wilkins are aware of the charges against Dynel Lane announced today by the Boulder County District Attorney's Office. Michelle is resting and recovering and she and the family appreciate all the encouraging thoughts and prayers for her recovery."
Contributions to Wilkins' recovery can be made through the GoFundMe account or sent directly to the following address:
The Michelle Wilkins Trust Fund
c/o The Kapsak Law Firm, LLC
1610 Hover St. Suite 203
Longmont, CO 80501
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