Man Who Aborts Baby by giving girlfriend abortion drugs sentenced

UPDATE 3/9/2011:

In February 2010, police said Orbin Tercero gave his then-pregnant girlfriend, Amy, who is now his wife, a drug called misprostol without her consent, causing her to have a miscarriage.He was originally charged with murder of an unborn child, tampering with evidence, and aggravated assault of an unborn child. He plead guilty to lesser charges in court in January.

Tercero will serve 4.5 months to two years in prison, and pay a $1,000 fine. Tercero also will pay $337 dollars for a restitution charge.
He will serve 12 months probation immediately following his prison sentence after being found guilty of tampering with evidence, and will have to pay a $500 fine.

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Pharmacist pleads guilty to abortion charges
For The Review)
Published: January 19, 2011

Orbin Tercero, 39, formerly of Bath, N.Y., recently pled guilty to violation of the Abortion Control Act and to tampering with evidence, according to a press release from Bradford County District Attorney Dan Barrett.

The release continues:
The abortion crime was a felony of the third degree, punishable by a sentence of up to seven years. The tampering charges are punishable by a sentence of up to two years.
Sentence will be imposed on March 9, following a pre-sentence report.

Tercero was charged by Sayre Police Officer Nathan Ross. Police charged that Tercero, a pharmacist, had applied misoprostol, a drug with abortifacient effects, on a Sayre woman who was pregnant with his child. The woman was not aware that Tercero was applying the drug.

Officer Ross was the investigating officer.

Under Crimes Code Chapter 32, the Abortion Control Act, it is a felony for a person who is not a physician to perform an abortion. The consent of the mother is not a defense.
Under the Crimes Code chapter covering Crimes Against Unborn Child, causing the death of an unborn child is a criminal homicide but there is no liability under that chapter for acts committed with the consent or cooperation of the pregnant woman.

In the Tercero case, the mother of the unborn child later married the Defendant, Orbin Tercero. She advised us that she no longer wished to cooperate with the prosecution and wanted it terminated. She could be compelled to testify or the Commonwealth could use her prior testimony, but her attitude might have an impact on the case.

The Abortion Control Act charge was a serious felony and did not require proof of the lack of the mother’s consent.

The charge under the Abortion Control Act was a serious felony and did not require a jury finding that the mother did not consent. We concluded that conviction on that felony was an appropriate resolution of the case. It will allow the court to fashion an appropriate sentence.

This press release was submitted by the Bradford County District Attorney Dan Barrett.

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