WICHITA, Kansas, Sept. 17, 2007 – A baby who was delivered after his mother was shot last spring has also died.  The family of Xavier Worley Jr. said the four-month-old boy died Sunday afternoon as he slept in his crib.

On April 25, Laquisha Starr, 21, was shot in the head.  She was 7 months pregnant.  After emergency crews rushed her to the hospital, her baby boy was born prematurely by emergency C-section.  Starr died days later.

The baby remained on a heart monitor.  A week ago he suffered seizure-like symptoms.  Sunday, he died in his crib.

Steven Novotny is awaiting trail for Starr's death.  With her baby's death comes the question:  Could Novotny face another homicide charge?

Alexa's Law wasn't in place at the time of the shooting and, even if it were, it only applies to the death of a fetus.

But another law, dating back to the Common Law of England, may apply. It's known as the Born Alive Rule.  If a pregnant woman's child is born alive, then dies as a result of any injury before it was born, the death may be prosecuted as a homicide.

"The big question in any such prosecution is causation: Did the child die from injuries inflicted by the accused?" Dan Monnat, KSN Legal Analyst, said. "Probably the longer the child lives, the better the argument the child did not die from injuries inflicted pre-birth."

Police say they are waiting on an autopsy.

A spokesperson from the District Attorney's office says that if law enforcement determines the baby's death was the result of a criminal act, the office will review the results of any investigation.