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VICTIM: Marshae Jones lost her unborn baby during a shooting. Then a grand jury chose to indict her for its manslaughter (Image: Police Handout)

LAWYERS REPRESENTING a woman who was charged with the manslaughter of her unborn child after she miscarried when she was shot in the stomach have filed a motion to dismiss the case against her.

Marshae Jones’ lawyers have called the decision to prosecute her for losing her baby “unconscionable”.

“It is simply unconscionable to prosecute a shooting victim for losing her baby as the result of unforeseeable injury,” Jones’ lawyers wrote in a statement.

"The charges against Marshae are based on a flawed and contorted theory of criminal liability that simply does not exist under law,” they added.

Jones, 27, was five months pregnant when she was shot during a fight with another woman, Ebony Jemison, 23, in Alabama in December 2018.

A manslaughter charge against Jemison, who shot Jones, was dropped after a grand jury decided against indicting her.

Jones was indicted after a grand jury found that she “intentionally” caused the death of her unborn child after “initiating” the fight.

PICTURED: Ebony Jemison (Image: Police Handout)

Jemison’s actions were categorised as self defence by the grand jury.

Speaking to BuzzFeed News, Jemison said that she was “not happy” about Jones’ indictment.

“I don’t feel she should be charged with manslaughter because she didn’t go upon killing her baby herself,” Jemison told BuzzFeed News.

She added: “I feel that if the baby had to be counted as a person, I don’t feel [the grand jury] is wrong for indicting her because you initially put your child in danger.

“But me being a person, I don’t feel as if it’s fair for her to sit in jail after dealing with her losing her child situation.”

Women’s rights and pro-choice organisations and activists have expressed outrage at the decision.

Planned Parenthood Southeast Advocates said that the charge against Jones was “more proof that Alabama will stop at nothing to target pregnant people - especially black women”.

"As a black woman, despite being physically harmed and losing her pregnancy, the state does not recognise Marshae as a victim — only her fetus," Planned Parenthood said in a statement reported by ABC News.

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