Woman indicted in shooting death of her unborn child; charges against shooter dismissed

[WhiskeyGrinder]

https://www.al.com/news/birmingham/2019/06/woman-indicted-in-shooting-death-of-her-unborn-child-charges-against-shooter-dismissed.html

A woman whose unborn baby was killed in a 2018 Pleasant Grove shooting has now been indicted in the death.

Marshae Jones, a 27-year-old Birmingham woman, was indicted by a Jefferson County grand jury on a manslaughter charge. She was taken into custody on Wednesday.

Though Jones didn’t fire the shots that killed her unborn baby girl, authorities say she initiated the dispute that led to the gunfire. Police initially charged 23-year-old Ebony Jemison with manslaughter, but the charge against Jemison was dismissed after the grand jury failed to indict her.

(snip)

“The investigation showed that the only true victim in this was the unborn baby,’’ Pleasant Grove police Lt. Danny Reid said at the time of the shooting. “It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.”

The hypotheticals I see posed on here sometimes are already realities for those on the margins.

[Lars39]

1. Oh, fuck that shit

[TheBlackAdder]

25. You said it. How would she know a fight would lead to gunplay? Prosecutor is grasping for charges.

[Lucid Dreamer]

30. I agree w/ BlackAdder on this.

The prosecutor could have passed on charging pregnant Marshae for murder. Loss of the child is certainly plenty of punishment.

I wrote this response in another thread about the case, but in only analyzes the culpability of the shooter.

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 (it is reported that she did try avoidance)
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 plausible explanation. I shall keep an eye on this case. If I am in error, I'll let you know.

* I am not a lawyer. Check with a competent on for worthwhile legal advice.

[dhol82]

2. The hypotheticals I see have become absurdities.

WTF???

[raccoon]

3. WTF. Can ACLU help here? nt

[hughee99]

24. Are they going to defend a pregnant woman's right to assault people? Nt

[ripcord]

4. Shouldn't they both have been charged?

Attacking someone while you are pregnant is inexcusable and shooting a pregnant woman is horrible. Admittedly we don't know all the details but I don't see how they both aren't at fault.

[Tech]

10. You are kidding right? She got shot so she is to blame. Wow!

[Jake Stern]

11. Yes she bears some responsibility

She confronted and attacked the woman who shot her, not the other way around.

It appears likely that the grand jury felt the shooter acted in self defense as they declined to indict her.

[Tech]

13. I did not see that she had a gun. I still don't. Have you ever been pregnant?

[Jake Stern]

17. Doesn't matter

She initiated the assault and kept at it despite the other woman trying to leave and apparently the grand jury felt the other woman acted lawfully by letting the her go.

[ripcord]

15. You can't go around attacking people

Having said that even in the case of self defense shooting a pregnant woman goes too far, both are at fault.

[Tech]

16. I ask again, have you ever been pregnant?

[Jake Stern]

19. That has ZERO to do with this

I am entitled to opine on this case whether or not I’ve be pregnant.

[ripcord]

22. What exactly does that have to do with anything?

It doesn't matter if you are pregnant or not you can't attack people you disagree with, it is even more irresponsible when you are putting your fetus at risk. The other woman tried to get away, someone tried to stop her but apparently she was out of control. Being pregnant does not excuse violent behavior.

[smirkymonkey]

5. This is just fucking insane!

The person who actually pulled the trigger and killed the fetus, and attempted to kill the mother, is getting off scot-free, while the mother who was SHOT is the one who was indicted?

I just can't deal with this world anymore.

[Jake Stern]

14. She confronted and ATTACKED the other woman

And, according to coverage of the case, continued to do so after the other woman attempted to disengage and another person tried to intervene.

The grand jury must have felt the other woman acted in self defense seeing as the declined to indict her.

All over a guy.

[smirkymonkey]

18. She was SHOT!

Yes, it was stupid and she should have been charged with assault, but she did not fire a gun with intent to kill. I don't know all the details, but the fact that the other woman attempted murder makes her at least as guilty.

However, I am sure if the victim was a white woman this would all be swept under the carpet and nobody would get charged with anything.

[Jake Stern]

20. Take your complaint to the Alabama legislature

The grand jury felt under the law she acted in lawful self defense or surely they would have indicted her.

Don’t know what race has to do with is as both women were black.

[struggle4progress]

6. "Remember: it always your own fault when you're shot!"

[Everyman Jackal]

26. Yes it is your fault if you attack someone and you get shot.

If she had not attacked the other woman and kept at it she would not have gotten shot. If I am attacked, I will shoot my attacker.

[bronxiteforever]

29. +1

[Hekate]

7. WHAT?

This is insane

[JI7]

8. they are targeting WOC with this shit

[bronxiteforever]

28. +1

[stillcool]

9. Jeezus...these are some ..

really effed up people. What gives with Alabama? They just have to lock up a black person any time it's even remotely possible?

[Jake Stern]

12. They also let a black person go in this case

The woman who fired the gun was black as well.

[stillcool]

21. well....they had to

bag one of them. Guess, the girl that lost her baby was the best choice.

[lostnfound]

23. "Unborn baby" "fetus". Nt

[spin]

27. If the pregnant woman had the intention and ability to put the victim...

in the hospital for an extended period of time or six feet under and was in the process of doing just that — then the woman being attacked had the right to use lethal force in self defense.

The linked article doesn’t provide enough information for me to form an opinion on the severity of the attack and if the use of lethal force was justified.

The fact that an innocent baby died is tragic.