WALKER, La. (AP) — Authorities say the fetus cut from a woman's womb during an attack on the mother this week was cremated accidentally prior to a scheduled autopsy.

Livingston Parish District Attorney Scott Perrilloux tells The Advocate that voids the possibility of upgrading the feticide count to one of murder. Previously, Perrilloux had said that if evidence showed that the fetus had begun to breathe before it was killed, that the feticide count might be upgraded to murder.

However, Perrilloux said he believes the current counts against the suspect in the case can still be prosecuted.

Jeffery Reynolds, of Walker, was booked Tuesday on counts of first-degree feticide and the attempted second-degree murder of his 28-year-old wife, who remained in critical but stable condition.

It was unclear whether Reynolds has an attorney.

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