Fetus shot, Mother indicted, shooter isn’t

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ASPartOfMe
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27 Jun 2019, 9:18 am

Alabama woman charged in fetal death, her shooter goes free

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An Alabama woman whose fetus died after she was shot in a fight has been charged with manslaughter, while the woman accused of shooting her has been freed.

AL.Com reports 27-year-old Marshae Jones was indicted by the Jefferson County grand jury Wednesday. She was five months pregnant when 23-year-old Ebony Jemison shot her in the stomach during a December altercation regarding the fetus's father.

Jemison was initially charged with manslaughter, but the same grand jury declined to indict her after police said an investigation determined Jones started the fight, and Jemison ultimately fired the fatal shot in self-defense.

Pleasant Grove police Lt. Danny Reid said "the only true victim" was the fetus, who was unnecessarily brought into a fight and was "dependent on its mother to try to keep it from harm."


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Last edited by ASPartOfMe on 27 Jun 2019, 10:04 am, edited 1 time in total.

TheRevengeofTW1ZTY
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27 Jun 2019, 9:31 am

If that is true then this is complete f*****g bullshit! Why isn't the person who actually shot her AND the unborn baby in jail?

:evil:


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Wolfram87
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27 Jun 2019, 10:37 am

TheRevengeofTW1ZTY wrote:
If that is true then this is complete f*****g bullshit! Why isn't the person who actually shot her AND the unborn baby in jail?

:evil:


From what I can tell; because she went out and attacked the other woman, and got shot in self-defence for her trouble. A tragic outcome, yes, but if you decide to go out and commit assault you can't then also turn around and say "be careful, I'm pregnant!".


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ASPartOfMe
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27 Jun 2019, 12:08 pm

Wolfram87 wrote:
TheRevengeofTW1ZTY wrote:
If that is true then this is complete f*****g bullshit! Why isn't the person who actually shot her AND the unborn baby in jail?

:evil:


From what I can tell; because she went out and attacked the other woman, and got shot in self-defence for her trouble. A tragic outcome, yes, but if you decide to go out and commit assault you can't then also turn around and say "be careful, I'm pregnant!".


Was the assault threatening enough to require lethal defense?

If it was not a fetus but a person innocently standing next to her that got shot and killed would she would have been indicted for more than assault? I am not a lawyer but I do not think so.


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Wolfram87
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27 Jun 2019, 12:19 pm

The shooting was deemed a valid self-defence shooting, whatever one might think of such things. The details are pretty sparse from a cursory googling, but the situation seems to be that she initiated and escalated the fight. One article states that only the fetus was injured and not the mother. How one manages to be shot in the stomach and not be injured, I have no idea.


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naturalplastic
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27 Jun 2019, 3:43 pm

Actually, if that's what the facts are, it makes perfect sense.

If Twizzy here owned a liquor store, and he is his minding his own business running the cash register.

And I charge into his liquor store wearing a mask and point a gun to his head and threaten his life to take the til, and then as I turn and run with money out the door, and Twiizzy pulls out a hidden pistol and fires at me, and he misses, and it hits and kills Wolfram (an innocent bystander on the street), then who gets charged with Wolfram's murder?

Not Twizzy, but I, NP, would be held responsible because my illegal action of armed robbery was what precipitated the whole ting. So I would be charged with murder. And not Twizzy.

Likewise if a pregnant woman threatens your life with a weapon, and you shoot her in self defense, and you accidently kill her unborn fetus then it would be the pregnant woman who assauted you who would be considered by law to be guilty of the murder.



TheRevengeofTW1ZTY
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27 Jun 2019, 3:48 pm

I guess I failed to realize it was self defense. :|


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28 Jun 2019, 9:52 am

naturalplastic wrote:
Actually, if that's what the facts are, it makes perfect sense.

If Twizzy here owned a liquor store, and he is his minding his own business running the cash register.

And I charge into his liquor store wearing a mask and point a gun to his head and threaten his life to take the til, and then as I turn and run with money out the door, and Twiizzy pulls out a hidden pistol and fires at me, and he misses, and it hits and kills Wolfram (an innocent bystander on the street), then who gets charged with Wolfram's murder?

Not Twizzy, but I, NP, would be held responsible because my illegal action of armed robbery was what precipitated the whole ting. So I would be charged with murder. And not Twizzy.

Likewise if a pregnant woman threatens your life with a weapon, and you shoot her in self defense, and you accidently kill her unborn fetus then it would be the pregnant woman who assauted you who would be considered by law to be guilty of the murder.


I get where you're coming from, but accusing her of murder is still too extreme. I mean, it's not like the woman planned to have the fetus shot or otherwise harmed, it was just there. A punishment for letting the fight get to a point where the other person saw it necessary to defend themselves with firearms might be due, but accusing the person who got shot of murder is going way too far.



TheRevengeofTW1ZTY
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28 Jun 2019, 9:54 am

Fireblossom wrote:
naturalplastic wrote:
Actually, if that's what the facts are, it makes perfect sense.

If Twizzy here owned a liquor store, and he is his minding his own business running the cash register.

And I charge into his liquor store wearing a mask and point a gun to his head and threaten his life to take the til, and then as I turn and run with money out the door, and Twiizzy pulls out a hidden pistol and fires at me, and he misses, and it hits and kills Wolfram (an innocent bystander on the street), then who gets charged with Wolfram's murder?

Not Twizzy, but I, NP, would be held responsible because my illegal action of armed robbery was what precipitated the whole ting. So I would be charged with murder. And not Twizzy.

Likewise if a pregnant woman threatens your life with a weapon, and you shoot her in self defense, and you accidently kill her unborn fetus then it would be the pregnant woman who assauted you who would be considered by law to be guilty of the murder.


I get where you're coming from, but accusing her of murder is still too extreme. I mean, it's not like the woman planned to have the fetus shot or otherwise harmed, it was just there. A punishment for letting the fight get to a point where the other person saw it necessary to defend themselves with firearms might be due, but accusing the person who got shot of murder is going way too far.



I agree with that.


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Wolfram87
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28 Jun 2019, 10:41 am

Fireblossom wrote:
I get where you're coming from, but accusing her of murder is still too extreme. I mean, it's not like the woman planned to have the fetus shot or otherwise harmed, it was just there. A punishment for letting the fight get to a point where the other person saw it necessary to defend themselves with firearms might be due, but accusing the person who got shot of murder is going way too far.


Which is why she was charged with manslaughter, not murder.


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naturalplastic
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28 Jun 2019, 3:11 pm

Well...the point is that she would be held responsible (and rightly so IMHO), but yes … it would/should be for the lesser crime of "manslaughter" maybe.



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28 Jun 2019, 6:02 pm

There is something about this scenario that troubles me. Would this not extrapolate to holding alcoholics responsible for fetal alcohol syndrome? What about joggers or other athletes who then miscarry? What about driving and causing an accident that harms the fetus?


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TheRevengeofTW1ZTY
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28 Jun 2019, 6:04 pm

I'm just gonna say it. I think that the state of Alabama has it out for women.


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28 Jun 2019, 6:11 pm

Wolfram87 wrote:
TheRevengeofTW1ZTY wrote:
If that is true then this is complete f*****g bullshit! Why isn't the person who actually shot her AND the unborn baby in jail?

:evil:


From what I can tell; because she went out and attacked the other woman, and got shot in self-defence for her trouble. A tragic outcome, yes, but if you decide to go out and commit assault you can't then also turn around and say "be careful, I'm pregnant!".


Well than she should be charged with assault. Charging her with the death of the fetus is a slippery slope that would be no good to go down. I mean next they might charge a teenage girl who's been raped with baby manslaughter, if she has a misscarrige and they deem she wasn't taking good enough care of herself to keep the fetus healthy. It is unfortunate that article did not include much detail on the incident...but even so I think the charge is a sign of things headed in the wrong direction.


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28 Jun 2019, 6:13 pm

blazingstar wrote:
There is something about this scenario that troubles me. Would this not extrapolate to holding alcoholics responsible for fetal alcohol syndrome? What about joggers or other athletes who then miscarry? What about driving and causing an accident that harms the fetus?


Exactly...that is the problem with this whole thing, is it could pave the way for those kinds of issues.


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