Supreme Court reverses attempted fetal homicide conviction

PIERRE, S.D. (AP) — The South Dakota Supreme Court has reversed the attempted fetal homicide conviction of a man accused of spiking his girlfriend's beverages with an herb to try to induce an abortion.

The justices ruled the circuit court made mistakes in the case by giving incorrect instructions to the jury and letting jurors listen a to phone call between defendant Alfredo Vargas and his wife.

Vargas was sentenced to five years prison in 2013 after jurors in Rapid City found him guilty of lacing his girlfriend's drinks with an herb that in large quantities can cause an abortion. The substance authorities found in the drinks is known as pulegon.

Vargas's girlfriend became suspicious of her drinks and had law enforcement test them. She gave birth to a healthy boy in October 2010.


Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.