Police: Baby's corpse found in gift box at San Juan home

At weeks 25-28 of an unborn baby’s development:

>> Rapid brain development occurs.

>> The nervous system is developed enough to control some body functions.

>> The eyelids open and close.

>> The respiratory system, while immature, has developed to the point where gas exchange is possible.

Source: MedlinePlus, a service of the U.S. National Library of Medicine and the National Institutes of Health.

SAN JUAN — Police are searching for clues after the discovery Thursday morning of what they described as a 28-week-old fetus that had been placed in a gift box.

An anonymous tip led officers to the grisly find about 10 a.m. at an apartment on the 1200 block of East Sioux Road, San Juan Police Chief Juan Gonzalez said. The baby’s mother, 31-year-old Ruby Lee Medina, had been rushed to the hospital earlier that morning after what appeared to be a botched abortion.

Police suspect Medina intended to bury the body with the help of her lover Javier Gonzalez, 37, of Mission. Authorities plan to arrest the pair and charge them with abuse of a corpse.

The married man and his mistress will likely be arrested Saturday morning, Chief Gonzalez said.

“We feel there was some negligence and intention to harm the fetus,” the chief said. “Their intent was to harm the corpse.”

The woman may have tried to flush the fetus down a toilet, Chief Gonzalez said.

Medina and Javier Gonzalez may also be charged with capital murder, pending the outcome of an autopsy.

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