Charges dropped against woman who miscarried after being shot in stomach

Published Jul 4, 2019

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Bessemer, Alabama - Marshae Jones, an Alabama woman who was

indicted for the death of a foetus after she was shot in the stomach

during a fight, will not be prosecuted for manslaughter.

In an extraordinary case that has drawn widespread national scrutiny,

Jones, 28, was arrested last week after a grand jury charged her in

May with one count of manslaughter for "intentionally" causing the

death of her unborn baby by "initiating a fight knowing she was five

months' pregnant."

After evaluating the facts and applicable laws, Lynneice O.

Washington, district attorney for the Jefferson County Bessemer

Cutoff, said at a news conference Wednesday that she had decided to

dismiss the case, which she described as "disturbing and

heartbreaking."

"An unborn child was tragically lost, and families on both sides of

this matter have suffered," she said.

"The issue before us is whether it's appropriate to try to hold

someone legally culpable for the actions that led to the death of the

unborn child. ... I have determined that it is not in the best

interest of justice to pursue prosecution of Ms. Jones."

Washington, a Democrat who became Alabama's first black female

district attorney in 2016 by a narrow margin of 299 votes, could have

prosecuted Jones for manslaughter or brought a lesser charge.

In a sign of how fraught the case was in this conservative Deep South

state, pastors from a string of Alabama churches stood beside

Washington as she announced to reporters she was dropping the

prosecution.

Jones was not available for comment Wednesday, but her legal team

said it was pleased with the decision.

"We are gratified the District Attorney evaluated the matter and

chose not to proceed with a case that was neither reasonable nor

just," lawyer Mark White said in a statement. "The District

Attorney's decision will help Marshae continue to heal from this

tragic event and work to rebuild her life in a positive and

productive way."

Reproductive rights advocates had cited Jones' case as an alarming

consequence of the advance of the "personhood" movement, a wing of

the anti-abortion movement committed to extending rights to the

fetus.

Last November, Alabama voters passed a ballot measure amending the

state's constitution to recognize the "sanctity of unborn life and

the rights of unborn children" - a move that grants the fetus rights

that could be weighed against the rights of a pregnant person,

potentially leading to punishment against women or medical providers.

Two months ago, Republican Governor Kay Ivey signed a law that bans

abortion at all stages of pregnancy, even in cases of rape or incest,

and punishes doctors caught performing the procedure with up to 99

years in prison. The American Civil Liberties Union and other groups

have challenged the law in court.

Nia Martin-Robinson, director of black leadership and engagement for

the Planned Parenthood Federation of America, said she was grateful

that Washington had dropped the charge.

"We must ensure that this doesn't happen again," she said in a

statement. "Prosecuting someone for being the victim of a violent

crime is not only alarming - it signals an intent to target and

criminalize black pregnant women. Laws that criminalize pregnancy are

dangerous and they strip people of their right to reproductive health

care and assistance that is free of state interference. Everyone

deserves autonomy over their bodies, decisions, and futures."

According to local law enforcement officers, Jones started the

altercation with another woman, Ebony Jemison, last December outside

a Dollar General store in Pleasant Grove, a small town about 10 miles

west of Birmingham. Jemison allegedly shot Jones in the stomach and

Jones suffered a miscarriage shortly after.

At the time of the shooting, local law enforcement officers made

statements emphasizing Jones' responsibility for protecting the

fetus.

"Let's not lose sight that the unborn baby is the victim here,"

Pleasant Grove Police Lt. Danny Reid said, according to the news

website AL.com. "She had no choice in being brought unnecessarily

into a fight where she was relying on her mother for protection."

In early May, Jones was indicted on one count of manslaughter by a

grand jury in the Bessemer Division of Jefferson County.

After Jones was arrested and posted $50,000 bail last week, the

district attorney's office was quick to emphasize that the decision

to bring charges against Jones was made not by the DA's office but by

a grand jury after the actions of both women were presented at the

same time.

On Tuesday, Jones' attorneys filed a motion to dismiss the case,

citing her indictment as "unreasonable, irrational and unfounded."

They argued that Alabama law does not permit the prosecution of a

woman for manslaughter in relation to her unborn child, and that the

state had "improperly" expanded criminal statutes by creating a new

crime of "transferred intent manslaughter."

"It defies reason and logic to believe that Ms. Jones should have

known that Ms. Jemison would use deadly physical force against her

and thereby cause the death of her unborn child," the motion said.

tca/dpa

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