Alabama Law May Prevent Prosecution Of Marshae Jones

BIRMINGHAM, AL - A bevy of support has come from national organizations and activists for Marshae Jones, a woman charged with manslaughter in the death of her unborn child. Jones was shot during an altercation, resulting in the loss of her pregnancy. However, an Alabama law may prevent Jones from being prosecuted.

Jones' counsel today filed a motion to dismiss her manslaughter charge. Jones' charge appears to contradict a portion of Alabama's Criminal Code. Though the code does include "fetal homicide" language, which defines an "unborn child in utero" as a human being, regardless of viability, the code also states that the prosecution of "any woman with respect to her unborn child" should not be permitted under criminal homicide charges like manslaughter.

A report by the Montgomery Advertiser quoted Andrew Skier, a Montgomery-based criminal defense attorney as saying, "That is 100% a bar to this prosecution. It seems to me that whoever indicted this case didn't read this statute."

Jones was indicted after the woman who shot her was acquitted of charges, as authorities determined that the shooter was acting in self defense.

"The investigation showed that the only true victim in this was the unborn baby," Pleasant Grove police Lt. Danny Reid said at the time of the shooting. "It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby."

"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," Assistant DA Valerie Hicks 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."

Advocacy groups nationwide turned their attention to the case when it hit headlines last week. Planned Parenthood, the Yellowhammer Fund and others came to Jones' defense, and a petition was circulated for Jones' release.