At 31 weeks old, Elizabeth Walters? daughter could have lived outside the womb, a doctor testified Tuesday in Maryland?s first murder prosecution involving an unborn victim.
“The fetus should have been viable,” said Dr. Tasha Greenberg, an assistant state medical examiner, adding that the 3-pound child “could have” survived outside the womb if her mother had not been fatally shot.
Baltimore County State?s Attorney Scott Shellenberger is personally handling the historic case against David Lee Miller, 25, a married man charged with killing his girlfriend, Walters, 24, and their unborn daughter.
Miller also faces an attempted-murder charge against Walters? friend, Heather Lowe, who was struck during the June 11 shooting.
Walters and Lowe were shot around 10:20 a.m. while sitting in a Dodge Stratus in the parking lot of the Parkway Crossing Shopping Center on Cleanleigh Road.
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.
Prosecutors said Miller killed Walters because of her pregnancy. The evidence against him appears to be overwhelming ? so much so that Miller?s attorney, Alvin Alston, asked the state?s witnesses only a few questions and plans to call none of his own.
In court Tuesday, Lowe identified Miller as the man who shot her and Walters. Baltimore County Police Officer Jason Birchfield testified several of Miller?s fingerprints were found on the Dodge. And Miller?s cousin, Jerome Gray, 22, said Miller confessed and asked him to hide the gun.
“He said he shot the girl,” Gray testified.
After Alston declined to question Gray, Miller asked the judge if he could fire Alston and represent himself. After lunch, Miller withdrew that request.
Prosecutors rested Tuesday afternoon, calling a veteran homicide investigator as their final witness.
Baltimore County Police Det. Gary Childs, who visited Lowe in the hospital, testified that she was conscious but unable to talk immediately after the shooting. She had to write out her statement to police, he said.
During his testimony about the visit, Childs got emotionally choked up ? and couldn?t hold back his tears.
“I?m sorry,” he told the judge. “There?s something about this case.”
Closing arguments are expected to begin today.
