A former prosecutor says the man suspected of shooting and killing 12 people and wounding 58 others at a Colorado theatre won't face an additional homicide charge after one of the victims who was critically injured suffered a miscarriage.
Defence attorney Karen Steinhauser, a former prosecutor and current adjunct professor at the University of Denver, says homicide charges in Colorado only apply to those "who had been born and alive".
The family of Ashley Moser, who was critically wounded in the July 20 shooting in Aurora, said in a statement yesterday she is recovering from surgery but the trauma caused the miscarriage. Moser suffered wounds to her neck and abdomen.
Her daughter, 6-year-old Veronica Moser-Sullivan, died in the attack.
The suspected gunman, James Holmes, is due to be arraigned Monday.