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An Alabama woman was indicted in the shooting death of her unborn child, despite the fact that another woman pulled the trigger. Marshae Jones was 5 months pregnant when she got into a fight with another woman outside of a Dollar General in December of last year. The fight led Ebony Jemison to shoot Jones in the stomach, resulting in a miscarriage.

Although Jemison was charged with manslaughter, a grand jury failed to indict her and the charges were dismissed. However, the police alleged that Jones started the fight and that Jemison shot Jones in self defense, leading a grand jury to consider charges for Jones as well.

According to Pleasant Grove Lt. Danny Reid, “The investigation showed that the only true victim in this was the unborn baby. It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.”

A grand jury indicted Jones on a manslaughter charge on Wednesday. Abortion rights activists have seized on the issue as an example of how the implications of Alabama’s newly passed anti-abortion laws could be warped to include charges even in non-abortion cases.

Amanda Reyes, executive director of the Yellowhammer Fund, an abortion rights advocacy group, said, “The state of Alabama has proven yet again that the moment a person becomes pregnant their sole responsibility is to produce a live, healthy baby and that it considers any action a pregnant person takes that might impede in that live birth to be a criminal act.”

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