Lawyers File Motion to Dismiss Charges Against Woman Whose Fetus was Killed in Fight
Lawyers for a Jefferson County woman who was charged last week with manslaughter in the death of her 5-month-old fetus filed a motion to dismiss on Monday.
White, Arnold & Dowd P.C. say the charges against Marshae Jones are “completely unreasonable and unjust.” In December, Jones and another woman, Ebony Jemison, got into a fight outside a Dollar General in Pleasant Grove. Jemison shot Jones in the stomach, killing the fetus, and was charged with manslaughter, but a grand jury failed to indict her, believing that Jemison shot in self-defense. On April 12, the Jefferson County Bessemer Cutoff grand jury indicted Jones, saying she “intentionally caused the death of … unborn baby Jones by initiating a fight knowing she was five months pregnant.” Last week, Jones was arrested and charged with manslaughter.
In an interview with WBHM, Attorney Mark White said the ruling was manipulated and unprecedented.
“The motion to dismiss contains multiple grounds showing that the indictment is defective, in that you cannot charge a person with manslaughter, as it’s alleged in this indictment,” White says.
The Associated Press reports the motion also argues that the state is not legally allowed to prosecute Jones under Alabama law. While a 2006 state law allows homicide charges to be brought when a fetus or embryo is killed, a section of that law also notes that the provision does not authorize prosecution of a “woman with respect to her unborn child.”
University of Pennsylvania law professor Dorothy Roberts is the author of the book “Killing The Black Body: Race, Reproduction, And The Meaning Of Liberty.” In an interview with NPR’s Michel Martin, Roberts said Jones’ prosecution is the latest development in a trend that started in the late 1980’s when prosecutors began charging women for crimes for using drugs during pregnancy.
“That has spread out to include prosecutions of women who commit all sorts of conduct during pregnancy that harms a fetus. It’s included attempting suicide. It’s included driving drunk. It’s included botching self-induced abortions,” Roberts says. “And many of us are saying it’s gotten to a point where pregnancy itself is being criminalized because so many things that someone does while pregnant can be the basis of a criminal prosecution.”
Jefferson County Bessemer Cutoff District Attorney Lynneice O. Washington says her office is still deciding whether to prosecute Jones. On Friday, Washington said they were considering options ranging from manslaughter to completely dismissing the charges. In the meantime, a hearing on the dismissal request has been scheduled for July 9.
Editor’s Note: Marshae Jones is represented by White Arnold & Dowd PC, a corporate sponsor of WBHM, but our news and business operations work independently.
White, Arnold & Dowd P.C. Motion to Dismiss Manslaughter Charges Against Marshae Jones by Miranda Fulmore on Scribd
United Nations nuclear agency again condemns Iran for failing to fully cooperate
The resolution comes after the agency said Iran has defied demands to rein in its nuclear program and has increased its stockpile of uranium enriched to near weapons-grade levels.
Alabama carries out nation’s 3rd nitrogen gas execution
An Alabama man convicted in the 1994 killing of a hitchhiker cursed at the prison warden shortly before he was put to death Thursday evening in the nation's third execution using nitrogen gas.
Trump names former Florida AG Pam Bondi as his new pick for U.S. attorney general
After former Rep. Matt Gaetz withdrew from consideration, President-elect Donald Trump named Pam Bondi, a former attorney general of Florida, as his next pick for U.S. attorney general.
Police report gives details, timeline of the sexual assault claim against Pete Hegseth
The woman who accused then-Fox News host of sexual assault in 2017 said that she "remembered saying 'no' a lot," according to a police report. Hegseth is President-elect Donald Trump's choice for Secretary of Defense.
Alabama Black Belt’s sewer crisis a tougher fix for residents in manufactured homes
Poor sanitation has long plagued residents in Alabama’s Black Belt. For people with manufactured houses, finding a solution has been more challenging.
In Birmingham, Black men’s groups work to save young men from the cycle of gun violence
As the city inches closer to its homicide record, community members are trying to address a sense of fatalism and lack of opportunity felt by some young men.
