A Central Texas mother is charged with murdering her own child.
Pieces of a family car are all that remain in the 12,500 block of Riata Vista Circle, two weeks after a serious crash took the life of a 4-year-old girl.
"She should not have been driving under those medications," said APD officer Jermaine Kilgore.
According to Austin police, the girl's mother, 31-year old Shea Goss, was driving under the influence of two prescriptions, a muscle relaxer and a narcotic pain medication.
According to police reports, when APD officers interviewed Goss, she had bloodshot eyes and she kept falling asleep when asked about the medication she was on.
"Prescription drugs can be just as dangerous and in some cases more dangerous depending on how strong the medications are prescribed to you by your doctor," said
Goss was originally charged with intoxication manslaughter, but on Tuesday, Austin Police announced the charge is now upgraded to murder.
"During the investigation they were able to get more information involving the accident, details to where the murder charge was more appropriate," said Kilgore.
Police won't say what evidence they have to upgrade the charge--only that Travis County prosecutors were involved in the process.
"The district attorney was involved with the detectives in making the decision," said Kilgore.
"It's not murder as we normally know it," Local DWI attorney Mindy Montford said
Montford, who is not affiliated with the case, says Goss isn't charged with murder because she intended to cause death.
"This is saying you committed a felony and in the course of committing that felony you caused the death of an individual," Montford said.
In addition to 1st degree felony of murder, Goss is also charged with two counts of aggravated assault because two other children in the car were seriously injured.
But Montford, says it won't be an easy case for the state to prove because under state law, a jury would have to find Goss guilty of the two lesser charges, before they could find her guilty of murder.
"I think the more complex of a charge you give to the jury it just is ready for conflict and confusion and I think by charging so many things, and I understand the theory might be we're going put it all out there and let the jury decide, however, sometimes we've seen that can backfire," Montford said.
Montford was referring to the Gabrielle Nestande case there.
Goss remains in the Travis County Jail. We were unable to reach her attorney.