First fetal-homicide charge filed in Md.

A married man accused of shooting his pregnant girlfriend at a Parkville shopping center ? killing her and their unborn child ? became the first person charged under a new fetal-homicide law Monday.

A Baltimore County grand jury indicted David Lee Miller, 24, of Parkville, on charges of first-degree murder against his girlfriend, Elizabeth Walters, 24, who was seven months pregnant, and their unborn child.

“Based on the facts found by the medical examiner, we have sufficient evidence to charge,” Baltimore County State?s Attorney Scott Shellenberger said.

Miller also faces counts of attempted murder and first-degree assault against a friend of Walters who was with her at the time of the June 11 shooting, and two handgun offenses.

Police did not initially charge Miller with the unborn child?s death, but a 2005 fetal-homicide law allows the criminal count if the state medical examiner rules that the fetus was “viable.”

Chief Medical Examiner David Fowler said his office generally determines viability based on whether the fetus is at least 28 weeks old and weighs at least 500 grams.

Walters and her companion were shot at about 10:20 a.m. while the two women were sitting in a gray Dodge Stratus in the parking lot of the Parkway Crossing

Shopping Center on Cleanleigh Road.

Before she was taken to the University of Maryland Shock Trauma Center, Walters? friend told police Miller was the gunman.

Detectives also found several cell phone calls made between Miller and Walters about 45 minutes before the shooting.

Miller is being held without bail at the Baltimore County Detention Center.

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