Not news: Woman shot in fight. News: victim charged with murder.

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https://www.al.com/news/birmingham/2019 ... issed.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.

The shooting happened about noon on Dec. 4, 2018, outside Dollar General on Park Road. Officers were dispatched to the scene on a report of someone shot but arrived to find the shooting victim – later identified as Jones - had been picked up and driven to Fairfield. Police and paramedics then found the Jones at a Fairfield convenience store.

Jones was taken from Fairfield to UAB Hospital. She was five months pregnant and was shot in the stomach. The unborn baby did not survive the shooting.
This is the kind of thing that makes me want to grab a rifle and start fighting back.
109+ recreational uses of firearms
1 defensive use
0 people injured
0 people killed

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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They are saying:

- a fetus is a person,
- the expectant mother started the fight that ended with her being shot and the fetus dying,
- therefore the pregnant woman should be charged with manslaughter for taking actions that lead to the death of the fetus.

This is the perfectly predictable result of fetal personhood laws. Get shot and lose the baby? You killed someone. Have a miscarriage? You killed someone. Use the day after pill? You killed someone.
109+ recreational uses of firearms
1 defensive use
0 people injured
0 people killed

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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Eris wrote: Thu Jun 27, 2019 11:40 am They are saying:

- a fetus is a person,
- the expectant mother started the fight that ended with her being shot and the fetus dying,
- therefore the pregnant woman should be charged with manslaughter for taking actions that lead to the death of the fetus.

This is the perfectly predictable result of fetal personhood laws. Get shot and lose the baby? You killed someone. Have a miscarriage? You killed someone. Use the day after pill? You killed someone.
Thank you, Eris. That's what I read into it, even though I couldn't follow the series of events.

Yeah, the personhood of a fetus is a bad precedent, for the reasons you list.

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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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 [the shooter] was dismissed after the grand jury failed to indict her.
Reid said the fight stemmed over the unborn baby’s father. The investigation showed, he said, that it was Jones who initiated and pressed the fight, which ultimately caused Jemison [shooter] to defend herself and unfortunately caused the death of the baby.
They had to indict someone and the grand jury didn't indict Jemison the shooter because she was defending herself, so indict the mother. Yes, it's Alabama.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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Assuming for just a second that the DA there is rational, and reading the rest of the news, the pregnant woman apparently started a fight with a woman over a love triangle.

Apparently the DA decided, based on the evidence, that:

1) The pregnant woman started a fight
2) Apparently her actions were violent enough for the other woman to shoot her (killing the fetus) and have a successful claim of self defense
3) Therefore, the DA (Lynneice Washington) decides she cannot charge the shooter because it was legit self-defense
4) The DA then deals with the dead fetus by charging the mother for step (1) above

It is perfectly linear and logical - which shows that linear and logical can be very off course of "right and correct".

The woman lost her child. She got shot. She has had enough punishment, even if she did start the fight.

I'm with Eris on this one, an innocuous sounding law (fetus = person) leads to some batshit crazy outcomes.

Honestly, unless these people are totally incompetent, the assailing woman must have been a hell of a threat for the second woman to shoot her, kill the baby, and not get charged.
Image

Re: Not news: Woman shot in fight. News: victim charged with murder.

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You guys can make fun of Alabama, but Indiana's fetal burial law was upheld by SCOTUS. Other non-southern states have these crazy anti-women laws, too. When it happens in Missouri or another Midwest state, will you be so glib?

If you can so easily write off Alabama (and probably the rest of us in the deep south and midwest), who will be left to speak for you? We have to stick together.
It is an unfortunate human failing that a full pocketbook often groans more loudly than an empty stomach.

- Franklin D. Roosevelt

Re: Not news: Woman shot in fight. News: victim charged with murder.

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K9s wrote: Fri Jun 28, 2019 12:54 am You guys can make fun of Alabama, but Indiana's fetal burial law was upheld by SCOTUS. Other non-southern states have these crazy anti-women laws, too. When it happens in Missouri or another Midwest state, will you be so glib?

If you can so easily write off Alabama (and probably the rest of us in the deep south and midwest), who will be left to speak for you? We have to stick together.
I'm not being glib. Alabama is a state that I'd never live in, exactly because of stories like this one. It's obvious that this woman should not be being prosecuted, it's insane that she is. Yes, the sentiment that women don't deserve full personhood, especially in arena of reproductive rights, is part of what lead to fetal personhood laws. Yes, those laws are being used to justify prosecuting her. But do you really think that racism is playing no part in this? Do you actually believe that if this story was about two white women that the woman who lost her baby would be being accused of killing it?

Re: Not news: Woman shot in fight. News: victim charged with murder.

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K9s wrote:You guys can make fun of Alabama, but Indiana's fetal burial law was upheld by SCOTUS. Other non-southern states have these crazy anti-women laws, too. When it happens in Missouri or another Midwest state, will you be so glib?

If you can so easily write off Alabama (and probably the rest of us in the deep south and midwest), who will be left to speak for you? We have to stick together.
Paraphrasing Sol Wachtler, "a grand jury would ‘indict a ham sandwich,’ if that’s what a prosecutor wanted.”

Let's see how this case cranks through the wheels of justice further. Yes it is the south but as you mentioned Indiana is leaning wacko too. Just the climate under Trump at this stage.

I wouldn't be surprised either way how the actual case resolved but common sense and my left of center stance would dictate the pregnant woman has suffered enough and wasn't the party who used a firearm with dire consequences

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Re: Not news: Woman shot in fight. News: victim charged with murder.

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https://www.al.com/news/birmingham/2019 ... death.html
Jefferson County prosecutors say they have not yet made a decision whether they will prosecute the woman who is charged in the death of her unborn born child after the woman was shot during a fight.

Cutoff District Attorney Lynneice Washington, the first African-American female district attorney in the state, is out of the country. Chief Assistant District Attorney Valerie Hicks Powe late Thursday night issued a statement about the case.

“Foremost, it should be stated this is a truly tragic case resulting in the death of an unborn child. We feel sympathy for the families involved, including Ms. Jones, who lost her unborn child,’’ Powe said. “The fact that this tragedy was 100 percent avoidable makes this case even more disheartening.”

At the time of Jemison’s arrest, Pleasant Grove police Lt. Danny Reid said, “the mother’s involvement and culpability will be presented to a grand jury” to determine if she also will be charged in the incident.

All felony arrests go before a grand jury to either charge (true bill) or decline to charge (no bill) the suspect. In this case, authorities put all evidence before a Bessemer Cutoff grand jury which convened on April 8, 2019.

Four days later, on April 12, the grand jury indicted Jones and declined to indict Jemison based on the evidence presented to them, which led to a dismissal of the charge against her. Indictments are only made public once the defendant has been arrested and served, which is why news of the charges against Jones were made public Wednesday.

“While the grand jury has had its say, our office is in the process of evaluating this case and has not yet made a determination about whether to prosecute it as a manslaughter case, reduce it to a lesser charge or not to prosecute it,’’ Powe said. “We will take a through look at all the facts provided, the applicable laws, and reach a decision that we believe will lead to an outcome that is the most just for all the parties involved. We will announce our decision only after all due diligence has been performed.”

“Unfortunately, some groups have attempted to tie this case to the anti-abortion law recent passed by the (state) legislature,’’ Powe said. “This case predates the passage of the legislation and we must point out the new law played no role in the consideration of the grand jury.”
It is an unfortunate human failing that a full pocketbook often groans more loudly than an empty stomach.

- Franklin D. Roosevelt

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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max129 wrote: Thu Jun 27, 2019 8:01 pm Assuming for just a second that the DA there is rational, and reading the rest of the news, the pregnant woman apparently started a fight with a woman over a love triangle.

Apparently the DA decided, based on the evidence, that:

1) The pregnant woman started a fight
2) Apparently her actions were violent enough for the other woman to shoot her (killing the fetus) and have a successful claim of self defense
3) Therefore, the DA (Lynneice Washington) decides she cannot charge the shooter because it was legit self-defense
4) The DA then deals with the dead fetus by charging the mother for step (1) above

It is perfectly linear and logical - which shows that linear and logical can be very off course of "right and correct".

The woman lost her child. She got shot. She has had enough punishment, even if she did start the fight.

I'm with Eris on this one, an innocuous sounding law (fetus = person) leads to some batshit crazy outcomes.

Honestly, unless these people are totally incompetent, the assailing woman must have been a hell of a threat for the second woman to shoot her, kill the baby, and not get charged.
That's pretty much how I currently see the situation with one difference. While her getting shot and losing the fetus should be heavily considered as punishment, I'm not ready to 100% conclude it is enough. I'll give the DA the benefit of the doubt that they have already considered this is an uphill battle and I don't know their reasons for pursuing it. One event I see in the article is the woman didn't go to the hospital. She went elsewhere and was taken by the police only after they picked her up. What was the reason she didn't immediately go to the hospital?

I am "linear and logical" enough to ask if the woman with the gun had been the aggressor when she shot the other woman, should she have been charged for causing the death of the fetus? I think that certainly would and should be a consideration so it should be a consideration in this case.

I'm not sure where that line is other than a case by case basis. I'd also be very cautious about charging mothers for crack babies or very poor nutritional choices while pregnant.

Re: Not news: Woman shot in fight. News: victim charged with murder.

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BKinzey wrote: Fri Jun 28, 2019 12:55 pm
max129 wrote: Fri Jun 28, 2019 9:01 am All - I gently posted the DA's FB channel without mentioning race.

The prosecutor is not white. There may be more going on here than is discernable.

I find the charges bizarre, but I will not be so quick to assert racism.
Agreed again. Sometimes a cigar is just a cigar.
District Attorney Lynneice Washington, the first African-American female district attorney in the state, is out of the country. Chief Assistant District Attorney Valerie Hicks Powe late Thursday night issued a statement about the case.
It is an unfortunate human failing that a full pocketbook often groans more loudly than an empty stomach.

- Franklin D. Roosevelt

Re: Not news: Woman shot in fight. News: vitim charged with murder.

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BKinzey wrote: Fri Jun 28, 2019 12:50 pm One event I see in the article is the woman didn't go to the hospital. She went elsewhere and was taken by the police only after they picked her up. What was the reason she didn't immediately go to the hospital?
That could have been a major factor the DA used in seeking her indictment, her disregard for the life of the fetus.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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