“The state cannot prove by physical nor medical evidence the elements of murder regarding the unborn child listed in the warrant.'
Polk also received traffic citations for DUI, violating the state’s open container law and driving without a license.
The Bessemer Cutoff Jefferson County District Attorney’s Office on Monday filed a motion asking for the dismissal only of the murder charge. “The state cannot prove by physical nor medical evidence the elements of murder regarding the unborn child listed in the warrant,’' wrote Bessemer Cutoff Assistant District Attorney Lane Tolbert.The crash happened at 3:50 a.m. Friday, Sept. 22, in the 900 block of Ninth Avenue in Bessemer, according to Det. Justin Burmeister.One of the victims in the second vehicle was seriously injured and was reported to be two months pregnant at the time.
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