Pregnant woman shot in stomach, charged with manslaughter

[Lotusflower70]

Link to tweet

?s=19

[Bettie]

1. Seriously?

They are charging her with manslaughter for GETTING SHOT BY SOMEONE ELSE!????

For Fuck's Sake...this is horrible.

[Laffy Kat]

2. Yes, it's Alabama. nt

[Lucid Dreamer]

4. It is not only in Alabama...

Most states have provisions for justifying use of deadly force.
The grand jury knows there was a homicide. Person killed person. Ebony killed fetus.
However GJ decides that the homicide was justified.
Justified because Ebony felt there was an imminent threat to her life from pregnant Marshae's attack.

If Ebony was "innocent"... in other words she did not instigate the attack
and
if Ebony could not avoid the deadly confrontation
and
if Ebony had a reasonable belief she was in danger of losing her life or suffering serious bodily injury,
then
Ebony could claim she was justified in the use of deadly force.

The GJ agreed.

Since the initial aggressor was Marshae (so it is said) then Marshae is responsible for injuries or damages suffered in the fight.

Your state laws may vary, but the above applies to a bunch.

Lesson... Don't start a fight.

I am not sure of all the facts in this case, but this seems to be a plausable explanation. I shall keep an eye on this case. If I am in error, I'll let you know.

[Lotusflower70]

3. It gets worse

The charges against the shooter were dismissed. Welcome to Talibama.

[fescuerescue]

5. Apparently she was the aggressor

and the person firing the shot successfully claimed self defense against her.

Seems to be using the felony murder theory where a death that results during the commission of the crime is responsibility of the person committing the crime, even if they didn't pull the trigger.

Obviously lots of issues here, but that's how the grand jury and state is playing it.

[SunSeeker]

6. WTF?

[stopdiggin]

7. claiming she is NOT a victim

This kind of hinges on an interpretation that the woman was not a "victim." She was a participant (actually the aggressor) in a crime that resulted in her unborn's (or fetus') death. The legal rationale is solid, if a bit strained. If she had driven drunk, or participated in a robbery with the same result people would easily grasp the logic. (FYI -- I reject out of hand any legal construction involving "fetal injury" or "fetal rights" -- but I'm losing that argument right now)