Legal Question in Criminal Law in Colorado

child abuse case

Recently in my area a couple was arrested on 12 counts of child abuse. The 8-week-old infant is severely brain-damaged and is currently on life support. The doctors, as well as the social workers (the infant is under temporary custody of the state), are requesting that the infant be removed from life support and allowed to die. The mother of the child, and the grandparents, are requesting that the child be allowed to live. My question: If the judge orders that the infant be removed from life support and the infant dies as a result, can the parents then be charged with murder?


Asked on 10/11/02, 6:40 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: child abuse case

the short answer is yes - and I think the paper is reporting that it will happen soon if it did not happen already.

A more difficult question is whether a person can be convicted in that situation. That is up to the jury. In a case like this, I think, based on the newspaper accounts and not actual facts, that the more appropriate charge is child abuse resulting in death and probably reckless or knowing. This is slightly less than a murder charge.

I have represented folks on cases like this and they are gut wrenching. No one wanted this child to be injured or to die, but since it has happened, someone is likely going to prison.

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Answered on 10/15/02, 1:49 pm


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