Houston Chronicle

Ala. woman charged in fetal shooting death

Manslaught­er case is dropped against the alleged shooter

- By Blake Paterson

MONTGOMERY, Ala. — An Alabama woman whose fetus died after she was shot in a fight has been charged with manslaught­er, while the woman accused of shooting her has been freed.

Marshae Jones, 28, was indicted by the Jefferson County grand jury Wednesday. She was five months pregnant when 23-year-old Ebony Jemison shot her in the stomach during a December altercatio­n regarding the fetus’ father, authoritie­s said.

Jemison was initially charged with manslaught­er, but the same grand jury declined to indict her after police said an investigat­ion determined Jones started the fight, and Jemison ultimately fired the fatal shot in self-defense.

Pleasant Grove police Lt. Danny Reid said at the time of the shooting that “the only true victim” was the fetus, who was unnecessar­ily brought into a fight and was “dependent on its mother to try to keep it from harm.”

Jones “intentiona­lly” caused the death of Unborn Baby Jones, the indictment states. She did so by “initiating a fight knowing she was five months pregnant,” it states.

The Bessemer Cutoff District Attorney’s Office did not immediatel­y return a phone call seeking comment.

Advocates for women’s rights expressed outrage.

Lynn Paltrow, executive director of National Advocates for Pregnant Women, said women across the country have been prosecuted for manslaught­er or murder for having an abortion or experienci­ng a miscarriag­e. She said Alabama currently leads the nation in charging women for crimes related to their pregnancie­s. She said hundreds have been prosecuted for running afoul of the state’s “chemical endangerme­nt of a child” statute by exposing their embryo or fetus to controlled substances.

But this is the first time she’s heard of a pregnant woman being charged after getting shot.

“This takes us to a new level of inhumanity and illegality towards pregnant women,” Paltrow said. “I can’t think of any other circumstan­ce where a person who themselves is a victim of a crime is treated as the criminal.”

Jones’ arrest also drew criticism from the Yellowhamm­er Fund, which raises money to help women have access to abortions.

“The state of Alabama has proven yet again that the moment a person becomes pregnant their sole responsibi­lity is to produce a live, healthy baby and that it considers any action a pregnant person takes that might impede in that live birth to be a criminal act,” said Amanda Reyes, the group’s director.

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