CROWN POINT | Amended charges against a Whiting man accused of shooting his pregnant girlfriend in the face and killing her were dismissed Friday because they weren't filed within the time outlined by Indiana law.

Prosecutors then filed a new charge of murder Friday against Fabian Gomez, 23. The judge is expected to decide next week whether to accept the new charge.

Initially prosecutors charged Gomez with aggravated battery, battery and criminal recklessness after police said he shot Jennifer Montejano in the face Dec. 28. Gomez paid a $6,000 bond and got out of jail.

The night of the shooting, doctors delivered a healthy baby girl, who family members named Jennifer. But Montejano died of her injuries Jan. 7.

On March 13, prosecutors tried to file an amended charge of murder in Gomez's case and to alter his bond. Indiana defendants charged with murder are held without bond.

On Friday, Lake Criminal Court Judge Thomas Stefaniak ruled the amended charge was not filed in time and dismissed it. To get around the problem, prosecutors decided to not amend the original charges, but to file a separate case of murder against Gomez.

When questioned by police after the shooting, Gomez, who is the father of baby Jennifer, said he was standing at a window when he heard a gunshot, according to the probable cause affidavit. Gomez said he turned and saw Montejano was shot.

But after police confronted Gomez with some physical evidence, he told them he and Montejano argued and he went into the bedroom to clean his gun, the report states.

He said Montejano accused him of cheating on her and he came out of the bedroom with the gun in his hand. Gomez said he was waving the gun defending himself when it went off, hitting Montejano in the face, the report states.