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StevieM

(10,499 posts)
Thu Jun 27, 2019, 01:07 PM Jun 2019

Alabama woman indicted for manslaughter after miscarrying when shot

~snip~

An Alabama woman who suffered a miscarriage after being shot last year has been indicted for manslaughter in the loss of the fetus.

Marshae Jones was five months pregnant in December 2018 when, during a fight, Ebony Jemison shot her in the stomach — but a Jefferson County grand jury said the former mom-to-be was responsible because she started the brawl, AL.com reported.

“Let’s not lose sight that the unborn baby is the victim here,’’ said Pleasant Grove Police Lt. Danny Reid.

Initially, police charged Jemison, 23, with manslaughter but the charges were dismissed when a grand jury didn’t indict her.

Read More: https://nypost.com/2019/06/26/alabama-woman-indicted-for-manslaughter-after-miscarrying-when-shot/?fbclid=IwAR17x4a0Ma4ODctQU1Jsqen0KTTDrU1Ge9lRc0nypQ1O7E8if-itHOVS_T4

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Alabama woman indicted for manslaughter after miscarrying when shot (Original Post) StevieM Jun 2019 OP
Wow - insanity. walkingman Jun 2019 #1
This is a very fact specific case. The woman ... Whiskeytide Jun 2019 #2
Not all "legit charges" are legit. LiberalFighter Jun 2019 #3
no, it's not a "legit charge" qazplm135 Jun 2019 #4
I'm only going by ... Whiskeytide Jun 2019 #5
I'm only going by my experience qazplm135 Jun 2019 #6
"They don't care who." Mariana Jun 2019 #8
The woman who shot and killed the fetus is the perpetrator. no_hypocrisy Jun 2019 #7

Whiskeytide

(4,459 posts)
2. This is a very fact specific case. The woman ...
Thu Jun 27, 2019, 01:32 PM
Jun 2019

... who shot that pregnant woman was initially charged. The GJ declined to indict her because it appears the evidence showed she was defending herself from an assault by the pregnant woman.

So the manslaughter charge (it’s not a murder charge) results from the pregnant woman attacking the other woman and getting her fetus killed in the process.

Under Alabama law, you can be charged criminally or sued in civil court for killing or injuring a fetus. That’s been the law for 15-20 years.

We can debate whether that’s a good law. But as long as it’s the law, this is a legit charge. It’s no different under Alabama’s law than if she had attacked this woman while holding her 2 year old in her arms and the infant was shot and killed in the fight.

qazplm135

(7,447 posts)
4. no, it's not a "legit charge"
Thu Jun 27, 2019, 02:51 PM
Jun 2019

First, it is different than holding a 2 year old in her arms. And in that scenario, anyone would be hard pressed to believe that she was a threat to the woman who shot her that deadly force was a suitable level of self-defense.

Second, what evidence is there that using deadly force was acceptable self-defense in this case?

Third, the authorities TRIED to charge the shooter. So CLEARLY they thought that she had not used an appropriate level of force in self-defense. It was only after they couldn't get an indictment that they turned to trying the person who was shot.

This is all about trying to make someone responsible for the fetus being dead. They don't care who.

Whiskeytide

(4,459 posts)
5. I'm only going by ...
Thu Jun 27, 2019, 06:10 PM
Jun 2019

... the fact that a grand jury did not indict the shooter. At that hearing, the state presents its evidence. The shooter would not have presented evidence. It is a very low bar for the prosecution. If they failed to get an indictment in Alabama for the shooting death of a fetus, the only logical reason must have been that the prwgnant woman was the instigator and attacker, and that they felt the shooter was justified.

And it’s exactly like holding a baby in your arms so long as the state considers the fetus in the uterus to be a protected life, regardless of whether you think that would somehow lower the threat level.

I suppose I would expect the state to pursue the shooter first, and when evidence of self defense prevented that, they changed tact.

Again. Highly fact specific. This case does NOT mean a woman who is shot by an attacker and loses a child will be charged.

no_hypocrisy

(45,772 posts)
7. The woman who shot and killed the fetus is the perpetrator.
Thu Jun 27, 2019, 07:49 PM
Jun 2019

If you aim to shoot A but end up shooting B, you're still responsible for shooting B despite B wasn't your target.

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