Prosecutors to Claim Unborn Fetus was a 'Person' in Capital Murder Case

Close of gavel in courtroom

Close of gavel in courtroom

Bexar County prosecutors have filed a controversial Capital Murder charge against a man who is charged with murdering his stepdaughter after he raped her and impregnated her with his child, News Radio 1200 WOAI reports.

15 year old Jennifer Delgado was shot to death in her apartment on Babcock Road in March as she stood at the crib side of her one year old daughter.  Also killed was the victim's unborn child, but the one year old was not hurt.

The alleged gunman, Armando Rodrigo Garcia-Ramires, 36, then went to a wooded area nearby and shot himself in the head.  He survived and is jailed on $1 million bond.

To make this a Capital Murder, prosecutors have to prove in this case that more than one person was killed.  That requires them to argue that the unborn fetus was a 'person' under the law, which can be a tricky and controversial legal concept.

If convicted, Garcia-Ramires faces the possibility of the death penalty.

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