Summary
This Superior Court memorandum and order grants the defendant’s motion to dismiss Count Seven, which charged her with reckless endangerment of a child for using illegal drugs during her pregnancy that resulted in a stillborn delivery. The court holds that the statutory definition of a “child” under G.L. c. 265, § 13L does not include a viable fetus, distinguishing prior precedent involving third-party homicide charges from maternal conduct. Additionally, the court finds the grand jury lacked sufficient competent medical evidence to establish probable cause that the fetus was viable or that the defendant’s drug use created a substantial risk of injury.
Topics
Practice areas
Questions Presented
- Whether G.L. c. 265, §13L's definition of “child” includes a viable fetus.
- Whether the grand jury presented sufficient evidence of fetal viability and substantial risk to support the reckless endangerment charge.
Holdings
- The statutory definition of “child” under § 13L does not include a viable fetus.
- The grand jury presented no competent evidence of fetal viability or of a substantial risk of serious bodily injury, so the charge cannot stand; the motion to dismiss is granted.
Key quotations
“The definition of the term “child” under § 13L cannot plausibly turn on the extent of the resultant injury; particularly in the context of a statute where injury is not even an element of the offense.” (at 804)
Factual background
Defendant Ashley Ryan, a chronic user of cocaine, fentanyl, and other narcotics, gave birth to a stillborn child after using drugs on the day of delivery. The child weighed 5 lb, was approximately 34 weeks gestation, and was determined to have been dead for hours before birth. No evidence was presented regarding fetal viability at the time of delivery.
Procedural history
The Commonwealth charged the defendant with reckless endangerment of a child under G.L. c. 265, §13L. The defendant moved to dismiss Count Seven, arguing the statute does not apply to a viable fetus and that the grand jury lacked sufficient evidence of viability.