Michelle Anna Holmes was still in the womb when her mother was shot in the back of the head and killed.
Although Michelle's death occurred Wednesday, more than two years later, prosecutors say they may file an additional murder charge against the man who currently is serving three consecutive 5-year-to-life prison sentences for killing Anna Holmes on April 22, 1988.Others, however, said the tragedy should not be relived and the matter should be dropped.
Twenty-six months ago, Michelle was delivered by Caesarian section just before her mother died. But lack of oxygen moments after Anna was shot left Michelle blind and severely brain-damaged.
"This was really one of those community tragedies," said Bud Ellett, chief of the justice division of the Salt Lake County Attorney's office.
He said his office is looking at the case and will make a conclusion about whether to file additional charges in the next week or so.
But Andy Valdez, Charles Kenneth McCovey's attorney, said he feels nothing would be gained with new charges against his client.
"It wouldn't serve any useful purposes. He's already serving three consecutive 5-to-lifes," he said. "I don't see retraumatizing all of the parties involved in this horrible incident."
Valdez said he called McCovey at the prison Wednesday and told him about the death. "To say the least, he was devastated."
The attorney said McCovey has always felt extreme remorse for the pain he caused and the crime he committed while he was under the influence of drugs.
"He has to live with his own demons and he has been struggling with his hell for some time."
Ellett said many factors must be considered before new charges are filed. He is awaiting word from the medical examiner to determine the exact cause of death and said he must also ask if any result would be worth the economic costs and whether it would benefit the community.