Pastor's wife's pregnancy could lead to increased prison time for her killer

The person responsible for the slaying of an Indianapolis pastor's wife this week could face decades in prison for the crime — a sentence that would likely be enhanced, experts say, because the 28-year-old woman was pregnant.

Amanda Blackburn was found critically injured Tuesday after being shot in the head inside her home in the 2800 block of Sunnyfield Court, near 38th Street and West Kessler Boulevard North Drive. Blackburn, who died Thursday, was 12 weeks pregnant with the couple's second child.

Indianapolis Metropolitan Police Department officials have released few details about the killing, though they have said they are investigating the crime as a robbery. No suspects are in custody.

Because Blackburn was expecting, legal experts say anyone arrested in connection with the crime could be charged with more than her murder, a conviction on which would already send a person to prison for 45 to 65 years. In certain murder cases, the crime also can be punishable by life imprisonment or the death penalty.

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Legal experts say the options available to state prosecutors for additional charges or sentence enhancements are numerous, depending on whether the killer knew the woman was pregnant or how far along she was in her pregnancy.

For example, a state statute passed in 2009 allows the state to seek harsher penalties if a murder victim was pregnant, said Indianapolis attorney Jack Crawford, a former Lake County prosecutor. That enhancement, Crawford said, could add six to 20 years to the convicted murderer's prison sentence.

Given what is currently known about the Blackburn case, that enhancement may be the best option, said Republican Sen. Jim Merritt, R-Indianapolis, who authored that legislation.

"I think if there's a court hearing, prosecutors can make a very, very good case that an enhancement from six to 20 years is appropriate," Merritt said.

Merritt said the enhancement was part of a package of criminal revisions aimed at punishing someone who harms or kills a pregnant woman, terminating her pregnancy in the process. He drafted that legislation after an Indianapolis man was convicted of shooting a pregnant bank teller during an April 2008 robbery. The woman was five months pregnant with twins; she survived, but they did not.

Then-Marion County Prosecutor Carl Brizzi charged the 29-year-old suspect, Brian Kendrick, with both feticide and attempted murder. Brizzi later pushed for harsher penalties for feticide because Indiana law did not allow him to bring murder charges against Kendrick because the fetuses were too young.

In 2011, the feticide conviction was tossed out by the Indiana Court of Appeals. The judges ruled that convictions on both charges conflicted with the state's double jeopardy law because the same evidence was used to prove each charge.

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Still, changes made to state law after the Kendrick case could lead to harsher penalties for whoever is responsible for Blackburn's death.

Merritt said in addition to the pregnancy-related murder enhancement, his legislation also upgraded the state's feticide law from a Class C to a Class B felony. Under the revised criminal code of 2014, feticide is now a Level 3 felony punishable by three to 16 years in prison. Before the change, a conviction could only lead to a maximum of eight years in prison.

One aspect of the feticide statute, though, requires the killer to have known the victim was pregnant.

While Crawford and Merritt said the murder enhancement and feticide options are likely the most relevant in this particular scenario, additional options come into play once a fetus reaches the age of viability, usually around 24 weeks. . Had Blackburn's pregnancy been that far along, Crawford said her killer could have faced an additional murder charge.

Merritt said the wide array of charging decisions for use in these types of cases are essential.

"We need to have all those opportunities available to prosecutors," he said. "But I think from what I understand of this case, enhancement is the most appropriate."

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Call Star reporter Jill Disis at (317) 444-6137. Follow her on Twitter: @jdisis.