Speeding Driver Won’t be Charged With Murder for Killing Mother’s Unborn Baby

State   |   Steven Ertelt   |   Apr 9, 2015   |   6:07PM   |   Denver, CO

For the second time in recent weeks in Colorado, a criminal who killed a mother’s unborn child will not be charged with murder for taking the life of the baby before birth.

Weeks ago, Boulder County officials say they will not charge the woman who cut a 7-month-old baby out of her mother’s womb with murder for killing the baby. That’s because the state lacks an unborn victims law to hold criminals accountable when they kill or injure unborn children in such criminal attacks. The prosecutor in the case has ties to the Planned Parenthood abortion business.

Now, a teenage driver who was speeding and crashed into a pregnant mother pushing her stroller along the sidewalk will also not be charged in the death of the unborn child.Instead, the driver will merely be charged with a misdemeanor:

As Denver News 7 reports:

A 16-year-old driver who started a chain reaction crash that injured a pregnant woman, causing her to lose her unborn child, has been charged with a misdemeanor and three traffic offenses.

Leah Montgomery (pictured above), 33, was walking on the sidewalk with her mother and her 18-month-old son, who was in a stroller, when they were struck on Feb 18.

Thornton police said the teen driver was speeding north on Holly Street near East 138th Avenue when the driver struck another car, which went up a sidewalk and struck the victims.

Montgomery, who was 22 weeks pregnant, lost her unborn baby girl.

The teen has been charged with one misdemeanor count of careless driving resulting in unlawful termination of pregnancy and three counts of careless driving.


After the crash, Leah’s husband, Matt Montgomery made a statement through his attorney to 7NEWS about the incident.

He said, “Leah is in stable condition and improving daily, although she will have an extensive recovery period. It is with great sadness that the family reports that Leah lost her baby. Leah is surrounded by her friends and family and they thank everyone for their outpouring of love and support. They also want to thank everyone for respecting their privacy during this difficult time.”


In the baby cutting case, Dynel Catrece Lane was arrested after she attacked a pregnant woman and cut her 7-month-old unborn baby from her womb. In this unbelievable act of violence, the baby died and Michelle Wilkins was in critical condition in the hospital for days. Dynel’s husband initially told police the baby breathed a last gasp before she died, but he eventually retracted that claim.

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Wilkins said her daughter, who she named Aurora, is a “light being now, nothing but ethereal joy and love. Forever in my heart.”

“I can already feel it’s going to be a long journey to physical and emotion recovery, but I am grateful for every person that has reached out to help in their own way,” Wilkins said. “You have my eternal gratitude.”

Unfortunately, prosecutors will not be able to bring charges for the unborn child’s death because Colorado state law does not regard unborn children as human beings who deserve justice when they are killed. In 2013, Colorado Democrats killed a bill that would add the state to the list of more than 25 states that provide justice and protection for pregnant women and unborn children.

Sarah Zagorski, the Executive Director of Colorado Citizens for Life said, “This horrific case highlights the need for an Unborn Victims of Violence law in Colorado, which would recognize the unlawful killing of an unborn child as homicide. This woman’s baby was viable and suffered a cruel and violent death. Colorado should have laws punishing perpetrators of these innocent, defenseless victims.”

Currently, 36 states have fetal-homicide laws, 24 of which protect unborn children from the time of conception, and 38 states have wrongful-death laws, which protect unborn children at least after viability.

In 2004, President Bush signed the Unborn Victims of Violence Act, which protected unborn babies killed through violence. After it passed, Denise Burke, an attorney with Americans United for Life, said pro-life advocates must now turn their attention to state legislatures to make sure every woman is protected.

She said, “While the Unborn Victims of Violence Act is a significant victory for victims of violent crime and their families, it is important to remember that homicide is primarily a state crime, as opposed to a federal crime. So, it is critically important that all 50 states provide similar protection for the unborn.”