Teller County man arrested over school shooting threat had aborted fetus in his bathroom, records show

Teller County man arrested over school shooting threat had aborted fetus in his bathroom, records show

A Florissant man already facing charges for threatening to kill his children, rape his neighbors and shoot up two local schools, also apparently was keeping a fetus in his bathroom, according to his arrest records.

Jason Scott Smith
Teller County Sheriff's Office

Jason Scott Smith

When Jason Scott Smith, 37, was being arrested related to the threats last week, a search of his home uncovered a Mason jar containing “the identifiable remains of an aborted fetus,” which Smith later said came from his wife’s abortion procedure a year ago, records said. A Teller County clerk initially redacted that information from the arrest document, but The Gazette challenged the redactions as excessive under Colorado Judicial Department’s public access policy and received a revised copy. Smith remains in jail on a $50,000 cash-only bond.

Smith had been charged with abuse of a corpse, a misdemeanor, but the charge was dropped “pending further information,” 4th Judicial District Prosecutor Beth Reed said, declining to elaborate.

Federal and state law offers a possible explanation.

Abuse of a corpse applies to the removal or inhumane treatment of any person’s remains, but the U.S. Supreme Court case Roe vs. Wade rejects a fetus as a “person” protected by the Constitution. Some states have since enacted laws to protect unborn children against certain crimes, but Colorado “has no provisions criminalizing the injuring or killing of a fetus,” according to Colorado Revised Statute 18-6-401.

That said, it appears police are still exploring other potential charges.

Read the full story at Gazette.com.

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