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Daryl Dixon
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Kentucky Fetal Wrongful Death Law Will be Tested in Western Kentucky

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Commonwealth Attorney for Lyon County, G.L. Ovey, says that this is a first for him.  A case where a man is being tried for the death of his girlfriend’s unborn baby after a 2006 Kentucky Car Wreck.  Donald Prizybylo was indictied earlier this month by a Lyon County Grand Jury and is charged under the 2004 Kentucky Fetal Homicide Law.  He is also charged with four counts of assault stemming from the Head On Collision that he caused. 

Prizybylo’s driving caused the death of his Stacy Nelson’s unborn baby to be killed and four others to be injured.  The wreck occurred in 2006 on the trace highway at Land Between the Lakes. 

The law has been enforced before but most of those cases were in Central Kentucky, according to the report.  This will be the first time it has been put to the test in a Western Kentucky Court Room.  Ovey stated that the fact that there were no drugs or alcohol inolved makes this case unique. 

Prizybylo is scheduled to make his first Court Appearance on May 5, 2008.  He remains in the Caldwell County Jail on a $100,000.00 bond.   A Civil Suit for Kentucky Wrongful Death is also likely.