Washington DC, July 30, 2012, (LifeSiteNews) - Ashley Moser, 25, is now widely known as the mother of the youngest victim to be murdered by James Holmes on July 20th in the Aurora theatre shooting.  But while many news outlets are naming Moser’s six-year-old daughter as the youngest victim to die, it is her other child, the preborn eight-week-old who miscarried due to gunshot trauma, that claims the tragic distinction.

On July 20th, Moser took her six-year-old daughter to see “The Dark Night Rises.”  The nightmare that ensued left her without her daughter, Veronica-Moser Sullivan, as well as her unborn child. While initial news reports indicated that Moser’s baby had survived the shooting, the baby later succumbed.

Moser’s family reports that they are expecting Moser to suffer paralysis due to the gunshot wounds to her neck and abdomen.  ABCNews reports that her doctors hope she will have the use of her arms.

Moser’s family also confirmed that Moser is aware of the death of both of her children. Veronica’s funeral will be held when her mother is well enough to attend.

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However, when the Aurora District Court read aloud James Holmes’s many criminal charges yesterday, noticeably missing was any mention of Moser’s miscarried child.
 
Due to Colorado law, no charges can be levied against Holmes for the death of Moser’s second child, the 13th murder victim of the mass shooting. Karen Steinhauser, an adjunct professor at the University of Denver and a former prosecutor, said homicide charges in Colorado only apply to those “who had been born and alive.”

ABCnews suggested that the murder of Moser’s unborn child may lead to a second hearing for those who argue that criminal charges should be levied against the killer of an unborn child.

Most states recognize an unborn child as a crime victim; however, Colorado rejected such legislation. 

President Bush signed The Unborn Victims of Violence Act in 2004, which allowed courts to view a preborn baby as a victim, outside of the context of abortion. But since Holmes is being prosecuted by the state, the federal law will not have any effect in this case. 

Moser’s stepmother told ABCNews that she wants to see Holmes brought to justice.

“I don’t care what the motive is,” Ana Moser said. “He knew what he was doing. That’s it. I want to see justice.”

Those wishing to donate to Moser’s family are asked to go to Wells Fargo Bank and request the ‘Donation Account for Ashley and Veronica Moser.’