No murder charge in case of baby cut from woman answering Craigslist ad

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(CNN) — A former nurse’s aide will not face murder charges for allegedly cutting and removing an unborn baby from the mother’s womb, Boulder County, Colorado, prosecutor Stanley Garnett said Thursday.

The mother, Michelle Wilkins, answered a Craigslist ad for baby clothes on March 18.

When she arrived at the purported seller’s home in Longmont, she was attacked, beaten, cut open and her fetus was removed. The baby did not survive.

Wilkins was treated at a hospital and later released.

The alleged attacker, Dynel Lane, 34, has been held on $2 million bond.

Viable life

After the attack, prosecutors said it may be hard to muster a murder charge. Colorado state law does not recognize a fetus as a person, unless it is capable of surviving for a period of time outside the womb, a prosecutor said then.

But the extent of the period that the fetus must survive in order to be defined as a baby is not legally clear.

Lane’s husband, David Ridley, told police he found the baby on the day of the attack in a bathtub taking a breath.

Victim’s strength

While the attack on Wilkins has shocked her community for its brutality, many have also remarked on the 26-year-old’s strength.

Bleeding and stunned in a stranger’s basement, Wilkins managed to lock herself in a room to prevent any further violence, called 911 and did what she could to stem the bleeding.

Police officers Billy Sawyer and Phil Piotrowski, who responded to the call, told CNN affiliate KDVR they weren’t prepared for the grisly scene.

“She was covered from head to toe in blood,” Sawyer said.

Piotrowski told the station that Wilkins “saved her own life,” describing her as ” probably one of the strongest people I’ve ever had the pleasure to meet.”

Wilkins’ family started a GoFundMe page to raise money for her care. A note on the page said that she’s “in a safe location” and “surrounded by family and friends.”

More than $73,000 of the $75,000 goal have been raised so far.

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    • tracyd112

      They are saying that they can not charge her with murder because the State of Colorado does not recognize a baby in there Mothers womb a living human there for they cannot not charge her with Murder as the prosecutor cannot even file the charges because there is no crime because they say no law was broken.But I agree with you this is Murder .

  • amanda metzler

    this is bullshit and WE ALL KNOW it. they have this “law” to protect abortion.
    its the price we pay to have legalized murder of the unborn. we all KNOW that they are already people. its just a convenient lie. now this baby whose family already loved it will never see justice. because he or she was “not a person” just a damn shame.

    • hategirl87

      Hell.. yeah I agree with you 100% it piss me off that they have a f***** up law where they try to say that an unborn baby as they would call fetus isn’t a human being…for a fact they are wrong a fetus is a baby it has a heartbeat its living in a womb until the day he or she is born I do not care for abortions it is murder and if they like that ok then they need to let every mother f****** Who murder Someone out that killed someone and get away with… I believe that the laws out there is corrupted something needs to be done this woman had her baby cut out of her and the person who did this needs to live with herself in a tiny little cell and hope to god one day someone shows her what she did to that poor woman and her baby…. I’m glad I live in Michigan where they do consider the fetus a baby.. rest in peace little one that was born too early under humans Force of way and hugs.. to the mother my thoughts and prayers are with you and your family :(

  • Jennifer

    This is just wrong and they should be ashamed for not giving that family the justice they deserve. That mother did not ask for that baby to be brutally cut and ripped from her body! That baby was alive and well inside the womb and would have been born a healthy baby if it had not been cut from its mother!! She forcefully removed that baby and it died! It died because of her! Its her fault!! HOW CAN I MAKE THAT ANY MORE CLEAR!! She should be held accountable for the baby’s death no matter the state’s laws! The law has nothing to do with the circumstances!! The mother wasn’t at an abortion clinic…she was lied to and lured to that woman’s home with thinking she was going to purchase baby clothes! No matter the state’s ‘law’, that was murder plain and clear. That is a law set in place to protect someone’s right to have an abortion. She clearly didn’t want her baby aborted by any means. This whole situation just apalls me….

  • Carolyn

    Well, I certainly hope the idiots are arresting her for assault and battery and attempted murder at the very least!!!!!!!!!….change your laws! Any baby taken from the womb, should certainly be deemed as a human being!!!!!! That should appease both views of a BABY in the womb with NO argument. NEVER let this happen again people. Stand up and change the laws!!!!!!

  • tracyd112

    How can this not be Murder of a child? I dont care what State they are in MURDER IS MURDER .!!!!! If they allow this then who is to say some crazy guys wont do the same to keep from paying child support or if they do not want a child.I am just at a loss for words that we as a Country would Allow such a STUPID LAW TO EVEN EXIST!!!!!!!!!!!!!!!!!!!

  • Chandra

    How is this possible me she doesn’t get a murder charge…It has been proven a mother can go into labor at 7 months and the baby live …this was murder….it would be considered wrong if someone went and an abortion at 7 months of pregnancy because it is not considered a fetus anymore….it’s considered a baby…judges need to get their heads out of their assets and call it like it is….it’s murder…that baby was thriving in the woman and this woman came and removed the baby before it was ready. She cut its life short….that is murder

  • heather

    This is just rediculous baby is a baby the day its conceived. People r freaking stupid if they think that this is not murder. An if they think its not then i guess when some one murders a 1month old baby thats not murder than either this just ticks me off to no end peice of crap people. It tares my heart to pieces to think that there r that many ruthless people out there that would think that a baby isnt ababy an that some maniac would rip that poor defenseless baby out of its mommy.

  • Shello

    Have the stupid Judge go back to school and learn what the word FETUS means!!! IDIOT!
    an unborn offspring of a mammal, in particular an unborn human baby more than eight weeks after conception