Prosecutors said in court Friday they're appealing a judge's ruling to drop murder and homicide charges against Logan Lage in the death of Lileigh Lehnen.
The Colorado State Patrol says Lage was leading troopers on a high speed chase when he crashed head on into 26–year–old Shea Lehnen's SUV. Lehnan was eight and a half months pregnant. She and her one-year-old son had to be taken to St. Mary's Hospital where doctors performed an emergency c-section. Court documents say Lehnen's baby, Lileigh, was alive and breathing for about an hour before she died. The coroner ruled the death a homicide.
Family members say it's been five months since the tragic crash but the grief is still so much to bear.
"There's not a day that goes by that it doesn't affect us," said Cisco Valdez, Lehnen's father.
Valdez says he wishes he could have come from Wyoming to be in court with his daughter today.
"She's an innocent person, that baby was an innocent person."'
But a Mesa County judge has ruled otherwise, ruling in favor of a motion by defense attorneys to dismiss seven charges tied to the baby's death on tuesday.
"The judge was merely following the law," said Lage's attorney William McNulty.
He says the argument is based on the fact that the baby was still in utero when the injuries that caused the death happened, and at that time was not yet a person under Colorado law.
"Logan considers this a very serious case," McNulty told 11 News after Friday's hearing.
Family members have told 11 News in past interviews that 24–year–old Logan Lage was trying to turn his life around, and feels terrible about what has happened.
But Cisco Valdez wants Lage to face charges in the death of his granddaughter.
"I believe you should pay for your injustices."
Logan Lage remains behind bars in the Mesa County Jail on a $500,000 bond. He will be back in court next week.
Attorneys will discuss whether or not Lage's bond can be reduced.
The District Attorney's Office has filed a motion Friday morning which will send the case to the Colorado Court of Appeals.
Prosecutors say it may take months or even years for a ruling on the appeal.
If the prosecution loses the appeal, they say they will take the case to the Colorado Supreme Court.