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Sunday, October 14, 2001

Man agrees to plea in crash that killed fetus




The Associated Press

        PIKEVILLE, Ky. — A Pike County man originally charged with double murder in the traffic death of a pregnant woman on her way to give birth pleaded guilty on Friday to reduced charges.

        But an unanswered question in the case — is a fetus a person under Kentucky law? — remains and could end up in the state's highest court.

        In a plea agreement, Charles Christopher Morris, 29, of Zebulon pleaded guilty to two counts of second-degree manslaughter in the deaths of Veronica Jane Thornsbury, 22, of Kimper, and her nearly full-term fetus.

        In accepting the agreement, Pike Circuit Judge Charles Lowe Jr. let stand a homicide charge against Mr. Morris in the death of the fetus. The agreement, however, allows Mr. Morris to appeal the homicide charge.

        Other Kentucky residents have been charged with murder in the death of a fetus, but the state Supreme Court has ruled that even a viable fetus is not a human.

        Mr. Morris agreed to accept two 10-year prison terms to be served concurrently, but would be eligible for parole after serving 20 percent of his sentence. That means Mr. Morris, who has been in jail for seven months, could be paroled in about 15 months.

        The victim's husband, Troy Thornsbury, was driving her to the hospital on March 24 on U.S. 119 near Pikeville when he stopped at a red light, preparing to make a left turn, police said.

        Mr. Morris, whose driving record included at least 10 speeding tickets and a DUI conviction, ran the light at a high rate of speed and slammed into the car's passenger-side door, police said.

        In court on Friday, Judge Lowe said he had been considering a motion to dismiss the second murder charge by Mr. Morris' defense attorney, Stephen Owens of Pikeville, who argued that under Kentucky case law, even a viable fetus is not considered a person.

        Judge Lowe had not ruled on that issue, but he said for the purposes of accepting the plea, he was rejecting the motion.

        .

       



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