An Alabama prosecutor announced Wednesday that the state will be dropping a manslaughter charge against Marshae Jones, who lost her child after being shot in the stomach.
Jefferson County District Attorney Lynneice Washington decided to dismiss the case, which she called “disturbing and heartbreaking.”
“The citizens took the evidence presented to them by the Pleasant Grove Police Department and made what they believed to be a reasonable decision to indict Ms. Jones,” Washington, a Democrat, said in a press conference. “The members of the grand jury took to heart that the life of an unborn child was violently ended and believed someone should be held accountable. But in the interests of all concerned, we are not prosecuting the case.”
Marshae Jones, 28, was five months pregnant in December when she got into an altercation with her coworker, Ebony Jamison, in a Dollar Tree parking lot. Jamison claims she shot Jones in the stomach as self-defense after Jones started the argument. Marshae Jones suffered a miscarriage soon after.
Jamison was initially charged with manslaughter, but a grand jury refused to indict her, instead choosing to charge Jones with her child’s death. The police said she was at fault because she started the fight.
“The only true victim in this was the unborn baby,” Lt. Danny Reid said in December. “It was the mother of the child who initiated and continued to fight which resulted in the death of her own unborn baby.”
Jones’ lawyers pushed back on the indictment. Her lawyers argued that a woman cannot be charged for manslaughter of her own child, saying that the state expanded the law to prosecute Jones.
“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,” a spokesman for Jones’ law firms said in a statement. “She moves forward with enormous gratitude for the support she and her family have received during this challenging time.”
According to the National Conference of State Legislatures, Alabama is one of 38 states that consider a fetus a victim in cases of violence committed against pregnant women. The “personhood” of a fetus has been the cornerstone of debate when it comes to abortion legislation. With fetal homicide laws, 38 states, including Alabama, recognize a fetus as a “person” at any stage of development.
This case comes just weeks after Alabama Gov. Kay Ivey, a Republican, signed a law banning abortions after the sixth week of pregnancy.
