Judge tosses most serious charge against pregnant woman accused of ODing

EAST BUTLER — A Butler mother will not be facing a felony charge of assault of an unborn child after a judge threw it out Friday.

Channel 11 has been following the case of Kasey Dischman since June. Police say Dischman admitted to overdosing on heroin inside an East Butler house while seven months pregnant.

Dischman went into cardiac arrest then a coma, and doctors had to deliver the baby early. State police told us at the time the infant girl was in bad shape, on life support. Richard Goldinger, Butler County district attorney, called Dischman's action callous.

PREVIOUS COVERAGE: 

• Pregnant woman who overdosed on heroin charged with assault

“It's an egregious thing that happened,” he said. “We have a mother who was seven months pregnant who intentionally used heroin and overdosed and left her baby brain damaged.”

TRENDING NOW:

• New dad accused of selling heroin from maternity ward
• Fugitive turns himself in, with doughnuts, after challenging police
• Mother, 1-year-old lose limbs trying to crawl under train
• VIDEO: Search continues for gunman who killed Penn Hills man

On Friday morning, a judge threw out the assault on an unborn child charge, saying state law doesn't allow it.

Criminal Code 2608 gives a pregnant woman immunity from criminal liability in regards to crimes against her unborn child.

Goldinger doesn't read the law that way.

“I think the law is bad,” he said. “I don't think it was intended to protect women who are that far along in a pregnancy who ingest drugs and cause an overdose.

“We owed it to that child to pursue these charges.”

Goldinger said he may appeal the judge’s decision.

Cox Media Group