LONGMONT (KUSA) - The grandfather of the woman who lost her yet-to-be born son in a suspected DUI crash says his granddaughter was so far along in her pregnancy, that when he got a call to get to the hospital, he originally thought the baby was coming.

"My wife called me and told me to get to the hospital right away," Tim Onley said. "I'm like, 'You let me know when that baby is born,' and she goes, 'Tim, they were in an accident."

Onley says Heather Surovik was maybe days away from giving birth when Longmont Police say a car driven by Gary Sheats slammed into her sedan at the intersection of East 17th Avenue and Pace Street in Longmont last Thursday.

"[Doctors] say they tried to resuscitate [the baby boy], but they just couldn't do anything," Onley said.

As of Tuesday, Surovik remained at Longmont United Hospital with serious injuries.

"Heather's doing as well as she can," said the family's pastor Don Veazey. "Physically, she's taken a step back today. Emotionally, it's hard to say."

Both Veazey and Onley are adamant that the baby Heather had named Brady, should not be called a fetus.

"That baby was alive in her for 9 months," Veazey said.

They say they're also confused by the nature of state law that makes it impossible for prosecutors to charge the suspected driver with homicide in the case.

"He killed somebody, killed a child that didn't have a chance," Onley said.

KUSA