VAN NUYS : Murder Charges Filed in Fetus’ Death

Upping the stakes to death, prosecutors charged three gang members Wednesday with the killing of a non-viable fetus in a May drive-by shooting that killed a 16-year-old and injured three others.

By charging murder in the case of the fetus, the defendants face multiple murder charges, making them eligible for the death penalty.

Deputy Dist. Atty. Franco A. Baratta acknowledged Wednesday that a 1977 state appeals court opinion from the Los Angeles area holds that a fetus must be viable outside the mother’s womb for a murder to have occurred.

Many experts consider viability to be at least 22 weeks. The fetus in the drive-by shooting was between 12 and 16 weeks old, according to estimates.

Baratta said a recent decision by an appellate court in San Diego supports the charges. Prosecutors said the state Supreme Court will probably have to decide the issue.

Defendants are Brandon Reed, a 21-year-old Sun Valley man, Maurice Campbell, a 19-year-old Panorama City resident, and Anthony D. Rose, a 19-year-old man from North Hollywood.

Neither Reed, Campbell nor Rose is suspected of being the actual gunman, Baratta said.

A juvenile has also been arrested in the case, according to police, who said they are still searching for at least two other suspects.

Nikki Foley was gunned down while standing outside her Panorama City apartment on the 9300 block of Sylmar Avenue on May 15. Foley’s sister, Shaneka, and two friends, Jontue Fowler and Mona Moore, all 15, were also wounded in the drive-by shooting. Baratta declined to identify the mother of the fetus.

Police said the four girls were talking with members of a local gang when members of a North Hollywood-based gang opened fire.

Reed, Campbell and Rose appeared in Van Nuys Municipal Court on Wednesday afternoon, but their arraignment was delayed until June 29 so their attorneys could have time to review the charges. The trio is being held without bail.