NEW YORK — A Queens man who is accused of killing his pregnant girlfriend will not face a charge for the death of his unborn child due to the new abortion law signed by New York governor Andrew Cuomo. The assailant had originally been charged with “abortion in the second degree,” but as abortion in both the first and second degree were removed from the criminal code via the Reproductive Health Act, the count was consequently dropped and he will not face any penalty for the baby’s death.
Anthony Hobson, 48, was arrested Friday in the death of Jennifer Irigoyen, 35, who was five months pregnant at the time of the incident.
Hobson allegedly attacked Irigoyen in the middle of the night last Sunday as he dragged her out of her apartment and began stabbing her in the vestibule area.
“He’s got a knife! He’s going to kill the baby!” Irigoyen screamed, witness Maurice Roman Zereoue told the New York Post.
Building superintendent Lisa Raymos advised the outlet that surveillance video shows Hobson stabbing his girlfriend’s abdomen area.
“The first time, he stabbed her in the stomach,” she outlined.
Irigoyen also suffered stab wounds in her neck and torso. She was transported to Wyckoff Hospital, but both she and the baby were soon pronounced dead.
Hobson later turned himself in to the police, and was charged with second-degree murder, second-degree abortion, fourth-degree criminal possession of a weapon and tampering with evidence.
“A woman was brutally stabbed—killing her and the unborn child,” Queens District Attorney Richard Brown said in a statement. “The defendant is alleged to have shown no mercy and no regard for human life when he repeatedly and purposely plunged a knife into this expectant mother’s abdomen, torso and neck.”
However, a spokesman for Brown’s office later told the Post that the abortion charge was dropped because of the changes to the criminal code signed by Gov. Cuomo.
“[It] was repealed by the legislature, and this is the law as it exists today,” they explained, according to the article “Accused Murderer Spared Abortion Charge Thanks to Cuomo’s New Law”.