Update: Child abuse charges dismissed against pregnant woman accused of ‘shooting heroin’

WILMINGTON, NC (WWAY) —  The New Hanover County District Attorney’s Office is dropping misdemeanor child abuse charges against a pregnant women accused of shooting heroin.

Police arrested Amanda Kelly Downey, 22, at the Extended Stay on Eastwood Road just before 10:00 p.m. Wednesday night.

Police say Downey had called 911 because a woman in the car with her was overdosing.

Emergency crews arrived and saved the unidentified woman.

Last night, Downey was charged with child abuse because she is 8 months pregnant.

District Attorney Ben David said they were hopeful they could proceed on the child abuse charge, but there’s a specific provision in Ethan’s Law that states you can’t charge a mom if she is doing harm to herself.

“Last night I recommended the charge and stand by that and wish the law was left open to interpretation in cases like this,” David said. “A woman 8 months pregnant, did she present potential harm? Of course.”

Ethan’s Law allows for murder and assault charges to be filed against someone who has harmed a pregnant woman and her unborn child.

David explained the policy decision of Ethan’s Law is that they didn’t want to inhibit a woman who might be drug-addicted from reaching out for help in fear of prosecution.

David says the main goal is to get Downey in treatment to protect her and her unborn child.

Downey has a DWI charge pending from January.

David said they are working to increase Downey’s bond in that pending DWI case. They are also working closely with DSS to see if other things can be done civilly.