Murder, at least in this case, is a State crime, not a federal crime.
In Roe vs. Wade the supreme court miraculously invented a woman's right to an abortion that overruled state laws and any rights the unborn child might have in that case.
However, since does not fall under that narrow case where the supreme court ruled that the mother's rights are supreme, the bastard can be charged with first degree murder.
In my opinion he should have gotten the death sentence.
no death penalty in WI