Murder charges will be reinstated against a Duplin County man who was accused of shooting a woman who lost her unborn twins.
The 2008 shooting in Warsaw occurred before passage of a 2011 law making the killing of a fetus a homicide. A judge dismissed the murder charges against Gregory Chapman in 2010, ruling the twins were too undeveloped to survive outside the womb. Chapman has remained in jail during the appeal.
Tuesday the North Carolina Court of Appeals overturned that dismissal, saying the judge erred.
District Attorney Ernie Lee now says the charges against Chapman will be reinstated and the case will go to trial. "This case has been very traumatic for the victim's family, and this has been long coming," said Lee. "We had this hearing over a couple years ago but it means now the state can actually try the defendant with first degree murder of these twins."
Chapman has remained in the Onslow County jail while the appeal was being debated.
RALEIGH, N.C. (AP) - The N.C. Court of Appeals says a state judge erred in dismissing two first-degree murder counts against a man prosecutors say shot a woman who was five months pregnant in Duplin County in May 2008, resulting in the loss of her unborn twins.
The expectant mother survived.
It was not immediately clear following Tuesday's ruling whether murder charges will now be refiled against defendant Gregory Chapman, who also faces felony assault and weapons counts. Duplin County District Attorney Ernie Lee did not respond to messages seeking comment.
The 2008 shooting occurred before passage of a 2011 law making the killing of a fetus a homicide. A judge dismissed the murder charges against Chapman in 2010, ruling the twins were too undeveloped to survive outside the womb. Chapman has remained in jail during the appeal.
Warsaw Police say in May 2008, Gregory Chapman who was 22-years- old at the time opened fire near an apartment complex hitting Lisa Michelle Wallace. Chapman was arrested in June 2008 in New York.