KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com | DA unable to pursue criminal abortion charge
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Associated Press - June 13, 2009 3:35 PM ET
SANTA FE, N.M. (AP) - A Santa Fe man charged with killing his nine-month pregnant girlfriend and her father last month will not be charged in the death of the teenage mother's fetus.
District Attorney Angela "Spence" Pacheco said there's "no appropriate statute" to address issues surrounding the fetus in the case of 22-year-old Marino Leyba Jr., who faces two open counts of murder and other charges.
A Santa Fe County grand jury indicted Leyba on a charge of criminal abortion Thursday but prosecutors dismissed it Friday. Spence said pursuing charges in the fetus' death could interfere with the case involving the mother's death.
Authorities said Leyba, a security guard, used a 9mm handgun he carried while on duty to shoot the Benny Ray Lovato Sr. before shooting 17-year-old Sarah Marie Lovato. An autopsy report determined the infant boy was struck by a bullet.
Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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