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

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highdesert wrote: Fri Jun 28, 2019 4:14 pm
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.
Certainly, but someone could have been keeping her from going to the hospital. In any event, if she did make the decision not to go that could be a major reason in charging her.

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

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https://www.al.com/news/birmingham/2019 ... ained.html

According to Jones indictment, Jones "intentionally cause[d] the death" of her baby "by initiating a fight knowing she was five months pregnant." The indictment said the death was caused "in a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself."
A section of Alabama Law allows authorities to charge a suspect with the murder of another human being, including an unborn child. According to Alabama Code 13A-6-1, the term "person," when referring to the victim of a criminal homicide or assault, means a human being, including an unborn-child in utero at any stage of development, regardless of viability.

Alabama’s felony murder law states that a person can be charged with murder if they are participating in a felony crime that results in death, whether or not that person actually pulled the trigger. Provocation manslaughter is one of two forms of manslaughter, and happens when a person is provoked by another. Felony murder includes some form of intent in committing crime, while the manslaughter law doesn’t mention any form of intent.

Police confirmed no weapons were used in the altercation between Jones and Jemison until Jemison shot.

That felony murder law has been applied many times in Alabama and across both the Birmingham and Bessemer divisions of Jefferson County. For example, the charge was invoked in a 2017 case when several teenagers were involved in a gun deal-gone-bad near Railroad Park. One teen was killed and his friend, Tavares Floyd who didn’t shoot anybody but was with the victim for the gun deal, was charged with murder.

Jones, who was reportedly participating in an assault when Jemison fired the shot that ultimately killed the unborn child, is charged with manslaughter and not felony murder.
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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wpkato wrote: Sun Jun 30, 2019 5:01 pm ‘You Have to Go by the Law’: Alabamians Defend Arrest of Woman Whose Fetus Died in Shooting https://nyti.ms/2NmqVYJ

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Sounds familiar!

https://www.washingtonpost.com/news/act ... -families/

Jeff Sessions: “I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained the government for his purposes.”

https://en.wikipedia.org/wiki/Superior_ ... rg_defense"

German generals Alfred Jodl and Wilhelm Keitel, claimed they were not guilty of the tribunal’s charges because they had been acting at the directive of their superiors.

Ever since, this justification has been popularly known as the “Nuremberg defense,” in which the accused states they were “only following orders.”
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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wpkato wrote: Wed Jul 03, 2019 3:47 pm And...cooler heads prevail

Manslaughter Charge Dropped Against Alabama Woman Who Was Shot While Pregnant https://nyti.ms/2xuudOQ

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Lynneice Washington, the district attorney for part of Jefferson County, said in a news conference, “After viewing 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. Therefore, I am dismissing this case and no further legal action will be taken against Ms. Jones in this matter.”


Good result.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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