More details emerge in case of fetus found in box

SAN JUAN — A couple suspected of placing their 28-week-old fetus in a gift box and attempting to discard the unborn child may face more criminal charges than police previously anticipated.

Police found the baby’s body about 10 a.m. Thursday at a residence on the 1200 block of East Sioux Road. Ruby Lee Medina was to be arrested Saturday on suspicion of abuse of the baby’s corpse, but as of 9 p.m. that day, police said they were waiting for the woman to recover from a self-induced abortion.

Police expected to arrest Medina by the end of today and formally charge her Monday, said San Juan Police Chief Juan Gonzalez. Her lover Javier Gonzalez, 37, of Mission, will also likely be arrested by the end of today.

The married man and his mistress may face additional charges of evidence tampering, the chief said. Javier Gonzalez could also face charges for allegedly beating Medina in an attempt to kill their unborn child. The pair may even face capital murder charges, depending on the outcome of an autopsy on the fetus.

“We’re looking at all the angles,” Chief Gonzalez said. “There are reports of possible abuse.”

Investigators suspect Medina used abortion pills obtained in Mexico, the chief said.

The woman initially gave police conflicting information about the baby’s death, but the couple now appears to be cooperating with investigators, Chief Gonzalez said.

Abuse of a corpse is a Class A misdemeanor and is punishable by up to one year in county jail and/or a fine of up to $4,000. Capital murder is punishable by death.

Fetal homicide laws vary from state to state, according to the National Conference of State Legislatures.

Texas is one of at least 19 states that have fetal homicide laws that apply to the earliest stages of pregnancy, the organization states on its Web site. The law here in the Lone Star State defines an individual as a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

Otherwise healthy babies born at 28 weeks have a 90 percent chance of survival without physical or neurological impairment, according to the Mayo Foundation for Medical Education and Research.

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Ana Ley covers law enforcement and general assignments for The Monitor. She can be reached at (956) 683-4428.