5:03 P.M. UPDATE — University of Florida law professor Bob Dekle said detectives would have to determine first through DNA who the parents of the fetus are to identify a possible suspect.
If they could prove the fetus could breathe, they could pursue a homicide charge. A medical examiner should be able to determine if it had air in its lungs.
Florida statutes state: ?a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.?
So, even if it couldn?t sustain life on its own, it is considered a victim by Florida law if it could be kept alive through ?standard medical measures.?
?That?s one of the things they look at,? Dekle, a former prosecutor, said of the fetus breathing. ?That?s how you?d make a homicide case.?
But even if detectives couldn?t prove a homicide, the state could pursue charges relating to the disposal of bodies or not reporting deaths.
1:28 p.m. update
The Lee County Sheriff’s Office is investigating a fetus found Friday on top of a sewage recycling grate at the Lee County Waste Water plant on San Souci Drive in south Fort Myers.
The 16-week-old fetus was found by a worker at the plant, according to sheriff’s office spokesman Tony Schall.
James Gabrick told investigators he was checking for overflow in the sewage recycling area when he observed the fetus on the grate, according to a sheriff’s office report.
Gabrick told investigators the grates are checked every few hours.
It is not known where the fetus came from.
The sewer plant receives raw sewage from areas from the river to U.S. 41 and from College Parkway to Summerlin Road, according to the report.
The fetus appeared to be almost fully developed, according to the report.
Fetuses cannot survive outside the womb until they have developed at least 23 weeks, according to medical staff at the Neonatal Intensive Care Unit at HealthPark Medical Center.
“This 16-week old fetus would not have been viable,” said Sally Jackson, a spokeswoman for the Lee Memorial Health System.
The sheriff’s office Major Crimes Until is investigating the incident.
This is a developing story. Check news-press.com for updates.