No Death Penalty for Accused Child Murderer

30-year-old Michael Cunningham was arrested in February after the Montague County Sheriff's Office received a call about a medical emergency near Lake Nocona.

Deputies said they found  22-year-old Courtney Quintana, who was 20 weeks pregnant, severely beaten. 

The baby died that night at the hospital.

Authorities said Cunningham assaulted Quintana after a heated argument.

Cunningham is charged with capital murder, but Montague County District Attorney Jack McGaughey said even if a death sentence is recommended during the jury's deliberations, he doesn't believe it would be upheld during the appeals process because of Cunningham's lack of prior criminal convictions.

McGaughey said his office will seek life without parole.

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