PRESCOTT, Ariz. — This story discusses domestic violence. If you or someone you know needs help with domestic violence, you can call the National Domestic Violence Hotline at 1-800-799-7233 or text “START” to 88788.
An Arizona man has been arrested and faces charges of attempted homicide after assaulting his wife which led to the loss of her pregnancy, officials with the Yavapai County Sheriff's Office said.
Deputies were called to a home in the Prescott area on Sunday, Oct. 27, and said an initial investigation revealed a man threw his pregnant wife to the floor during an argument and the woman suffered trauma to her abdomen, according to Yavapai County officials. The husband was arrested for assault.
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The woman declined medical treatment at the scene but admitted herself to a nearby hospital where she was told the 6 to 8-week-old embryo was no longer viable after having signs of viability just days before, officials said.
The county attorney's office added an attempted homicide charge was added after information came through that the embryo died, officials said.
Court records reveal that the suspect was on probation for domestic violence at the time of the incident. He's due in court next week.
"Pregnancy isn’t a protected factor against domestic violence," said Jenna Panas, CEO of Arizona Coalition to End Sexual and Domestic Violence. "So, if you have somebody that is capable of having a violent relationship or is in a violent relationship, unfortunately, the risk of harm during pregnancy increases."
Panas said pregnancy can also be a trigger for domestic violence, especially during the first trimester.
"Pregnancy doesn’t fix domestic violence," she said. "In fact, pregnancy can increase the harm experienced. Folks need to know that."
The suspect was initially charged with aggravated assault, but the attempted murder charge was added after investigators learned of the pregnancy loss.
This is allowed in Arizona under the state’s murder statutes, which includes the death of “an unborn child.”
Prescott actually has a precedence for this. In 2016, a man was charged with two counts of murder for killing his pregnant wife. Arizona prison records show he was sentenced for both counts of murder.
There’s been confusion in the current case about why it’s "attempted" murder. The sheriff’s office posted on social media that the current charges are based on information gathered in the investigation so far and that more charges could be forthcoming.
"I imagine they have to prove intent and prove cause," Panas said.
The Yavapai County Sheriff’s office and the Yavapai County Attorney’s Office declined 12News' requests for an interview on this case. YCAO said over email they could not comment "due to ethical and legal considerations" in an ongoing case.
12News journalists also talked to the suspect’s father, who said he had nothing to say.
“The Sheriff’s Office would like to extend condolences to the woman who lost her child. I am always grateful to the men and women of the Yavapai County Sheriff’s Office who always fight to protect the most vulnerable among us and by holding violent perpetrators accountable,” Yavapai County Sheriff David Rhodes said, through a press release.
More than a third of states consider an embryo or fetus to be a person at some point during a pregnancy, allowing for criminal charges to be filed in this case.
In 2021, former Arizona Governor Doug Ducey signed a law that recognized the personhood of a fetus from the moment of fertilization. In July 2022, a federal judge in Phoenix blocked the law.
Yavapai County officials said the Arizona Revised Statute 1-219 allowed them to file criminal charges:
The laws of this state shall be interpreted and construed to acknowledge, on behalf of an unborn child at every stage of development, all rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court.
If you need help with domestic violence, there are resources available. In Yavapai County, Panas points out the Verde Valley Sanctuary.
You can also reach out to the following resources:
Arizona Coalition to End Sexual and Domestic Violence: Call 206-279-2980 or 800-782-6400
Hours are Mon, Wed, Thu, Fri 8:30 - 5; Tues 8:30-7
You can call, text, email or chat online
Email is helpline@acesdv.org
National Domestic Violence Hotline: Call 1-800-799-7233 or text “START” to 88788
Operates 24 hours a day
Online Chat option on website
If you are concerned your Internet history is being monitored, call 800-799-SAFE
National Sexual Assault Hotline: Call 1-800-656-4673
Operates 24 hours a day
Operated by RAINN (Rape, Abuse & Incest National Network)
Online chat option on website
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