WASHINGTON — Prosecutors say a Maryland man accused of fatally shooting his pregnant girlfriend will not be charged in the death of her unborn child.

Tyler Tessier was indicted Thursday on a murder count in the killing of Laura Wallen.

Montgomery County State’s Attorney John McCarthy said Friday that prosecutors considered charging Messier in the death of Wallen’s baby, but could not under Maryland law.

McCarthy said a medical examiner determined that Wallen’s fetus was about 14 weeks old at the time of her death. Under state law, a fetus must be considered viable outside the womb to charge someone with murder.

Investigators found Laura Wallen’s body Sept. 13 in a shallow grave in Damascus.

Public defender Allen Wolf told The Washington Post that Tessier is innocent and “cared deeply” about Wallen.

Information from: The Washington Post, http://www.washingtonpost.com

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