Update (July 5, 2019): Marshae Jones will not be prosecuted for the death of her unborn child.
Bessemer Cutoff District Attorney Lynneice Washington announced her decision during a press conference on Wednesday, according to The New York Times.
“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,” she said. “No further legal action will be taken against Ms. Jones in this matter.”
Jones was arrested on June 26 after Washington signed an indictment charging her with manslaughter. She was shot in the stomach during an altercation with co-worker Ebony Jemison in December. Jones was five months pregnant at the time, and the fetus died as a result of the injury. The women were reportedly fighting over the father of the fetus. Jemison was initially charged with manslaughter, but a grand jury determined she acted in self-defense and the charges were dropped. The jury placed the blame on Jones, and Washington signed the indictment.
The case drew outcry from critics who believed Jones was a victim of Alabama’s strict laws. The state considers unborn fetuses to have the same rights as living people. Washington, who is Black, went on vacation last week, but it didn’t save her from critics, according to AL.com.
“There was a barrage of insults — desecration of my integrity, my character, my name — all the while I was in the Dominican Republic,” she said before the reversal. “All the while my name was being desecrated across this…this nation.”
White Arnold & Dowd, the law firm representing Jones, praised the 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.”
Attorney Mark White said Jones was relieved after she heard about the decision.
“She cried,” he said. “We both cried. Then she said, ‘Thank you.’”
Original story: An Alabama grand jury indicted a woman, who was shot in the stomach during a confrontation in 2018, for the death of her unborn child.
AL.com reports local authorities held victim Marshae Jones responsible for the shooting and subsequent death of her child. She was indicted by a grand jury Wednesday.
On December 4, Jones and another woman identified as 23-year-old Ebony Jemison were engaged in a dispute in front of a Dollar General. Jemison pulled out a handgun and fired into the 27-year-old's stomach resulting in a miscarriage. The fight was apparently over the unborn child's father.
An Alabama woman who was shot in the stomach while pregnant has been indicted and charged with manslaughter for the death of the fetus.
Charges against the shooter have been dismissed. https://t.co/YI0fiTHI5j
pic.twitter.com/4Q9QbTBq4Q— AL.com (@aldotcom) June 27, 2019
Jones was taken to UAB Hospital for treatment. According to The Washington Post, Jemison was initially charged with manslaughter. However, a Jefferson County grand jury failed to indict the shooter based on the belief Jones initiated the dispute. Pleasant Grove Police claimed Jones started the argument, which prompted Jemison to defend herself.
“The investigation showed that the only true victim in this was the unborn baby,’’ Pleasant Grove Police Lt. Danny Reid told AL. “It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.”
Reid added the five-month pregnant woman did not properly protect her child from danger.
"Let’s not lose sight that the unborn baby is the victim here,’’ Reid said. “She had no choice in being brought unnecessarily into a fight where she was relying on her mother for protection."
Twitter users were shocked by the story and the treatment of the victim. The story has become a flashpoint in the debate of personhood and women's reproductive rights.
Ebony Jemison, has no visible wounds in the picture from December. To allege that #MarshaeJones five months into a pregnancy, was hitting Miss Jemison to the point where Miss Jemison needed to use lethal force and yet her face is bruise and laceration free is a reach.
— M.E.L.A.N.I.N. (@M3L4NIN) June 27, 2019
OF COURSE Alabama and their backwoods, sweat rag, tent revival ass, theocracy based "justice" system would make sure a black woman was on the receiving end of it's vindictive prosecution in the name of fetal personhood. ???? #MarshaeJones
https://t.co/kgV9w2QcgJ— Charles ???????????????? (@ChuckAkpan) June 27, 2019
"The most disrespected woman in America, is the Black Woman. The most un-protected person in America is the Black Woman. The most neglected person in America, is the Black Woman" Malcolm X #MarshaeJones is our sisters name…. https://t.co/mSWa4BymNY
— Wade Davis II (@Wade_Davis28) June 27, 2019
Abortion rights groups such as the Yellowhammer Fund, a member of the National Network of Abortion Funds, have come to Jones' defense.
“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,” Executive Director Amanda Reyes said in a statement.
“We commit ourselves to making sure that Marshae is released from jail on bond, assisting with her legal representation, and working to ensure that she gets justice for the multiple attacks that she has endured,’’ Reyes said.
NARAL Pro-Choice America President Ilyse Hogue also acknowledged the racial dynamics at play.
Today, Marshae Jones was indicted for homicide when someone shot her in the stomach while she was pregnant, ending her pregnancy. They said she "started it." The shooter went free. This what 2019 looks like for a pregnant woman of color without means in a red state. This is now.
— ilyse hogue (@ilyseh) June 27, 2019
The Jefferson County grand jury dismissed Jemison's charges, and Jones was then charged with manslaughter. Jones is currently in jail held on a $50,000 bond.