A Montague County man accused of killing his unborn child could be facing the death penalty.
97th District, District Attorney, Jack Lee McGaughey said the Montague Co. Grand Jury indicted Michael Lee Cunningham, 30, Monday on one charge of capital murder. The 97th District covers Montague, Clay, and Archer counties.
Montague County's Sheriff said a medical call went out February 23rd for a woman who was possibly having a miscarriage. When first responders arrived at the house, they found Cunningham's 22-year-old girlfriend severely beaten. She was 20 weeks pregnant.
Officials said Cunningham got drunk, beat her up and left in her car before deputies got to the home. Deputies said they found Cunningham five hours later and arrested him for DWI and evading arrest. He was also charged with homicide. Even though the child wasn't born, officials said they consider the miscarriage a murder.
Cunningham's bond is set at $750,000.
If convicted, Cunningham faces death or life in prison without parole. He should be in court in July for arraignment on the indictment.