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Victim's stage of pregnancy affects charges
HOMICIDES
| Saturday, Apr 28 2007 9:50 PM
Last Updated: Saturday, Apr 28 2007 9:56 PM
Shots rang out behind Vanessa Alcala as she sat pregnant and waiting in the passenger seat of her fiance's car in a southeast Bakersfield neighborhood the night of April 19.
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One bullet hit the 19-year-old in the back of her head and she died a few hours later, according to family members.
The woman's 13-week-old unborn child died with her.
The shooter, who has not been caught, may not only face a murder charge for the death of Alcala, but an additional charge for the death of the fetus, according to California law.
"If they ever find the murderer, there should be double charges," said Cassandra Salinas, a cousin of Alcala. Alcala is also a mother of a 3-year-old son. "What happened was horrible."
A person could be charged with two murder counts if the baby is considered to be in the post-embryonic stage, which is considered about eight weeks into the pregnancy, said Deputy District Attorney John Somers.
Somers said he could not specifically talk about the shooting of Alcala, but the slaying of a woman 13 weeks pregnant would warrant double murder charges.
Somers said the law only becomes an issue when a victim is close to eight weeks in pregnancy.
"It will probably be up to a medical determination," Somers said.
Last year, a Bakersfield man was sentenced to 64 years in prison for a murder conviction in the death of Rochelle Mackey, who was pregnant.
Conroy James Hayes did not face double murder charges because Mackey was only about eight weeks pregnant. Prosecutors determined she was not far enough in her pregnancy to justify a murder charge for the death of the fetus.
Homicide cases involving pregnant women rarely occur in Kern County said Somers, who only remembers two such cases in the past decade. In most cases, pregnant women are killed in car accidents, said Supervising Deputy Coroner John Van Rensselaer.
One of the most notable homicides of a pregnant woman involves Scott Peterson who was given the death penalty in California for two counts of murder for the death of his wife, Laci Peterson.
Laci Peterson was close to giving birth at the time of her death in 2002.
In addition to a murder charge for the death of Alcala's baby, the killer could also face charges in the death of James Oliver Wallace. The 21-year-old man was shot in front of a home in the 1300 block of McNew Court where Alcala was gunned down, according to the Kern County Sheriff's Department.
A third person, Anthony Lions, was also injured in the gunfire.
Deputies have not arrested anyone in the case and no suspect information has been released.
Right now, Alcala's family is worried about finding the killer.
Salinas said she's trying to remain strong by holding on to the memory of what Alcala always told her.
"Everything is going to be OK," Alcala told Salinas about her boyfriend troubles. "It will work out."
-- Staff writer Jason Kotowski contributed to this report.