CAMPTON, Ky. — A Wolfe County woman who gave herself an abortion at home is now looking at no more than five years in prison, after prosecutors asked to dismiss a charge of fetal homicide that could have resulted in a life sentence.

Melinda Spencer, 35, of Campton, was arrested after she told United Clinic that she’d had an abortion at home and buried the remains in her back yard. The clinic then reported her to Kentucky State Police.

Police initially charged her with fetal homicide, abuse of a corpse and tampering with physical evidence. A grand jury returned an those same charges on Tuesday, plus an additional charge of concealing the birth of an infant.

But on Wednesday, prosecutors filed a motion to dismiss the fetal homicide charge. They pointed out that they have no grounds to pursue the charge because Kentucky’s fetal homicide law specifically exempts “any acts of a pregnant woman that caused the death of her unborn child.”

The judge agreed to dismiss the charge during Spencer’s arraignment on Wednesday.

Of the charges that remain, the evidence tampering and abuse of a corpse charges are punishable by up to five years in prison, while the concealment charge is a misdemeanor.

Spencer continues to be held in the Three Forks Regional Jail in Beattyville.

A copy of the prosecution’s motion to dismiss follows:

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CAMPTON, Ky. — A Powell County woman faces spending the rest of her life in prison, after she disclosed to her health care provider that she had aborted her pregnancy.

Kentucky State Police Post 8 in Morehead was informed by United Clinic in Campton about the incident. Troopers and detectives went to the clinic and interviewed the patient, Melinda S. Spencer, 35, of Campton.

Spencer told police she had ordered medication to complete an abortion and had taken it, resulting in her aborting a “developed male infant,” police said. KSP says she further told them she buried the remains on her property.

Police went to the woman’s home and located the remains in a shallow grave, just as she had described.

Spencer was arrested and charged with first-degree fetal homicide, abuse of a corpse and tampering with physical evidence. The fetal homicide charge is a capital offense, punishable by 20-to-50 years or life in prison.

She is being held without bond in the Three Forks Regional Jail in Beattyville.

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