D.A. makes decision on Alabama woman charged with manslaughter when she lost baby after being shot

A district attorney decided against prosecution amid public frustration that she was being punished simply for getting shot while pregnant

Marshae Jones (Associated Press)

Marshae Jones, the 27-year-old woman, whose unborn baby died after she was shot in the stomach in December after a confrontation with another woman, will no longer be prosecuted for manslaughter, an Alabama prosecutor announced on Wednesday, according to the Birmingham News website.

“After reviewing the facts of this case and the applicable state law, I have determined that it is not in the best interest of justice to pursue prosecution of Ms. Jones on the manslaughter charge for which she was indicted by the grand jury,’’ Bessemer Cutoff District Attorney Lynneice Washington said in part during her speech at the press conference on Wednesday . “Therefore, I am hereby dismissing this case, and no further legal action will be taken against Ms. Jones in this matter.”

Jones was arrested on June 26, under the indictment that stated, the Alabama mother, “intentionally caused the death of …. unborn baby Jones by initiating a fight knowing she was five months pregnant.”

Although police initially charged Ebony Jemison, 23, for the death of the child, a grand jury held Jones responsible for the loss of the fetus, even though she did not fire the weapon. The altercation between the two began when the two women were arguing over the father of Jones’ unborn child. The district made it clear at the press conference on Wednesday that her decision was not an effort to criticize the grand jury for indicting Jones. 

The charge against Jones came at a time when a negative focus was being placed on Alabama after its Senate passed an abortion ban that were criticized as punitive. Many saw the manslaughter charge as punishing a mother for not protecting the life of her unborn child.

Women’s rights groups were angered by the prospect of Jones facing trial over the incident.

“Today, Marshae Jones is being charged with manslaughter for being pregnant and getting shot while engaging in an altercation with a person who had a gun. Tomorrow, it will be another Black woman, maybe for having a drink while pregnant. And after that, another, for not obtaining adequate prenatal care,” said Amanda Reyes, Executive Director of The Yellowhammer Fund.

But now that the charge has been dropped, lawyers representing Jones, said they were very pleased about Washington’s decision. 

“We are gratified the District Attorney evaluated the matter and chose not to proceed with a case that was neither reasonable nor just,” the statement read. “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. She moves forward with enormous gratitude for the support she and her family have received during this challenging time.”

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