A judge has dismissed several charges against Logan Lage. The state patrol says Lage was leading troopers on a high speed chase when he crashed head on into an SUV driven by a pregnant woman.
According to a court order, Lage's public defender filed a motion to dismiss seven charges, all of them tied to the baby 26–year–old Shea Lehnen was carrying.
Lehnen and her one–year–old son had to be taken to St. Mary's Hospital after the crash. Doctors did a c–section and Lehnen's baby, Lileigh Lehnen, was born alive and lived for about an hour before she died of affixiation. The coroner ruled the death a homicide.
The defense's argument is based on the fact that the baby
died from injuries in the crash and at that time was still in utero and therefore not a person under Colorado law.
Judge Gurley agreed and dropped those seven charges relating to the baby's death including first–degree murder, vehicular homicide, and child abuse.
Even though the judge ruled on this motion, that doesn't mean the charges are dropped for good. District Attorney Pete Hautzinger says he'll fight to bring the charges back if that's what Shea Lehnen and her family want.
Hautzinger says the only way to refile charges is to take the case to the Colorado Supreme Court which could set a new precedent. Hautzinger says a case like this has never been heard in Colorado and possibly even the nation.
Right now Logan Lage is behind bars in the Mesa County Jail on a $500,000 bond.
He is still facing several charges including first–degree assault, vehicular eluding, and DUI. He will be back in court tomorrow for a preliminary hearing.
11 News spoke with Lehnen's mom, Darlene Valdez, she says she's shocked and the dropping of the charges is a slap in the face. Valdez says she went to buy easter baskets for her other grandchildren and started crying.
A family member for Lage could not be reached. Lage's grandmother has told 11 News in past interviews that he was trying to turn his life around and that their family feels terrible about the loss.