Murder charges are not possible under Colorado law in the case of a woman who is accused of cutting the fetus from the belly of a pregnant woman. It has been deemed that the fetus was not viable, therefore not qualifying as a person under Colorado law. The medical examiner’s office concluded that the fetus did not live outside its mother’s womb.

Dynel Lane is accused of the crime of unlawful termination of a pregnancy, attempted murder, two counts of first-degree assault, two counts of second-degree assault and two counts of crime of violence. She allegedly lured 26-year-old Michelle Wilkins, who was seven months pregnant, to her home with a Craigslist ad for used baby clothes. Lane stabbed Wilkins and removed the fetus, which she put in a bathtub and then told her husband she had miscarried.

Wilkins survived the attack. She managed to call 911 and was rushed to the hospital where she had surgery.

Outrage at the decision not to charge Lane with murder has come from many sources. The reaction from many pro-life Americans has been disgust. District Attorney in Boulder County Stanley Garnet said that there is a large outcry for homicide charges, but that the law is “absolutely unambiguous.” Coroner Emma Hall concluded that neither the investigation nor the autopsy provided any evidence that the baby showed signs of life after its violent birth. The fetus’ lungs never inflated.

Even without murder charges, Garnet said that Lane “could get a long sentence and very well could die in prison.” She remains in jail on $2 million bond.

Wilkins was released from the hospital earlier in the week. The family had planned to name the baby “Aurora.”