WOLFE COUNTY, Ky. (WMDJ) — Prosecutors have dismissed a fetal homicide charge against a Wolfe County woman accused of ending her pregnancy.

Melinda Spencer, 35, was arrested last week after Kentucky State Police said she told a medical clinic she had aborted her pregnancy and buried the fetus. Troopers reported the abortion was carried out using medication ordered online.

A Wolfe County grand jury indicted Spencer Tuesday on four charges, including fetal homicide. However, the Commonwealth’s Attorney’s Office later filed a motion to dismiss that charge, citing Kentucky law that bars prosecution of a pregnant woman for actions that cause the death of her unborn child.

According to prosecutors, state statute KRS 507A.010 specifically excludes such cases from fetal homicide charges, leaving them with no legal grounds to proceed on that count.

Spencer remains charged with abuse of a corpse and tampering with physical evidence, both Class D felonies, along with concealing the birth of an infant, a misdemeanor. The Commonwealth’s Attorney says those remaining charges will be prosecuted.