ROCKVILLE, Md. — A Maryland man accused of killing his pregnant girlfriend faces a single homicide charge, but this week, Montgomery County prosecutors were asked if a second charge could be added. 

Montgomery County State’s Attorney John McCarthy says at this point, it’s unlikely that 33-year-old Tyler Tessier will be charged with fetal homicide.

“We are awaiting information from the autopsy about the precise age of the child at the time of the homicide,” McCarthy told reporters Thursday.

The victim, 31-year-old Laura Wallen, a teacher in Howard County, was reportedly four months pregnant when she was found dead. Autopsy findings reveal she was shot in the back of her head.

Wallen’s body was found buried in a shallow grave in Damascus, Maryland.

The legal requirement for fetal homicide charges hinge on whether the fetus would be viable outside the womb. On Friday, McCarthy’s office said they were still waiting for more information from the medical examiner’s office on the exact age of the fetus.

Another requirement for a successful fetal homicide charge: The prosecution would have to prove that the suspect intended to kill or seriously injure the fetus as well as the mother.

Tessier is held without bond and charged with first-degree murder, altering evidence and making false statements to police. A preliminary hearing is scheduled for next month.