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Buckeye triple shooting highlights law defining unborn children within homicide statutes
The deaths of two unborn children following a shooting in Buckeye highlight Arizona laws related to unborn victims. FOX 10's Jacob Luthi learns about the new attention on the law defining and prosecuting those deaths in violent crimes.
BUCKEYE, Ariz. - A deadly shooting involving two teens who were pregnant is putting a spotlight on a state law for unborn victims.
The backstory:
Buckeye police say 18-year-old Michael Sanchez killed his on-again, off-again girlfriend, 16-year-old Rylee Montgomery, and their unborn baby on May 14. They also accuse him of shooting 17-year-old Abigail Krebs, whose unborn child died days after the shooting.
Michael Sanchez (MCSO)
What we know:
Now, Buckeye police are recommending a third homicide charge.
Krebs says her baby boy survived just six days after being delivered during an emergency surgery following the shooting. She says she chose to give him the middle name Rylee, in honor of her friend.
Big picture view:
In 2005, state lawmakers expanded the homicide laws to include the words "Including an unborn child" in the legal definition of a victim.
The law covers charges ranging from first-degree murder, which requires premeditation, to negligent homicide. It also makes clear those protections apply to an unborn child at any stage of development.
A bill moving through the Arizona legislature, HB 2043, would expand how Arizona’s felony murder law applies to unborn children. The proposal would make it first-degree felony murder if an unborn child is killed while a suspect is fleeing the scene of a felony crime.
What they're saying:
While Buckeye police are recommending the additional homicide charge for the death of Krebs’ baby, Criminal Defense Attorney Benjamin Taylor, who is not associated with this case, said the final decision and the level of that charge will be up to prosecutors.
He says regardless of the specific charge filed, Arizona law recognizes and protects unborn children as victims in homicide cases.
"Ultimately, the baby's protected no matter what. Even if the defendant had the intent to kill or didn't know that the victim was pregnant, ultimately, the victim is protected, and the baby is protected no matter what, under Arizona law," Taylor said.
What's next:
Police said a 22-year-old who was also shot remains in critical condition. Anthony Tequida, 19, was also arrested in connection with the case, as police said he drove Sanchez to and from the scene of the shooting.
Map of the crime scene area:
The Source: This information was gathered from Buckeye police, an outside criminal defense attorney, and previous FOX 10 reports.