Man guilty in death of unborn child, mom

Published March 26, 2008 4:00am ET



A Baltimore County jury today convicted 25-year-old David Lee Miller of first degree murder in the death of his girlfriend and their unborn daughter.

A doctor testified Tuesday that at 31 weeks old, Elizabeth Walters? daughter could have lived outside the womb. The testimony came in the case of 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 personally handled the historic case against David Lee Miller, 25, a married man charged with killing his girlfriend, Walters, 24, and their unborn daughter.

Miller also was convicted of 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.”

Prosecutors said Miller killed Walters because of her pregnancy.

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