Murder Charge for Oregon woman who miscarried 24-week fetus in Arkansas after shooting meth

[moriah]

http://katv.com/news/local/mother-faces-murder-charge-after-baby-dies-in-central-arkansas

LITTLE ROCK (KATV) — A woman has been charged with second-degree murder in the death of her prematurely-born baby, Benton police reported Thursday.

Officers were called Tuesday to Saline Memorial Hospital, where a baby born about six months into gestation had died, the department said in a news release. An investigation led police to an area motel where a medical emergency had been reported. Police said the baby's mother, Angela Miller, 23, of Oregon, is suspected of injecting methamphetamine at the motel before the child was born.

Miller also faces a charge of introduction of a controlled substance into the body of another person, a Class Y felony.
An investigation is ongoing.

Miller was not listed on the Saline County jail roster late Thursday afternoon.

http://m.arkansasonline.com/news/2018/jun/07/police-arkansas-infant-death-leads-oregon-mothers-/

A woman whose 24-week-old baby died in central Arkansas will face a murder charge, authorities say. According to a news release from the Benton Police Department, detectives were called to Saline Memorial Hospital on June 5 to investigate the death.

During the investigation, authorities told the medical call had originated from a nearby motel. The release states that police believe Angela Miller injected methamphetamine at the motel before she gave birth.

She faces charges of introduction of a controlled substance into the body of another person and second-degree murder.
Police said the investigation is ongoing, and additional charges may be forthcoming.

http://www.kark.com/news/local-news/benton-pd-arrest-mother-for-murder/1225583757

Benton PD said the mother was about 6 months pregnant when she gave birth after shooting up meth at some point prior to labor.

*snip*

Officers said Miller shot up meth while staying at the motel. The PD said it happened before going into premature labor Tuesday.

Our reporter Price McKeon talked with a man who stays at the motel. He didn't want to go on camera but he did tell me he called 911 and he was giving the pregnant lady a place to stay even though he says he didn't know her."

Police said the baby who was approximately 24 weeks gestation died at the hospital.

-----

It looks like they're bypassing "fetal homicide" charges because apparently when she realized she was in labor they called 911, kid was either delivered at hospital or on the way (or shortly enough before 911 arrived to still be alive at the hospital), but at 24 weeks it was a coin toss on survival chances even if she hadn't shot up.

It sounds like the most likely thing was the premature labor, delivery, positive drug test, and then after police were contacted they went back and saw a fresh rig.

I'm far too aware of what some children of alcohol and drug abusers have to live with the rest of their lives -- my little brother and sister are adults now but will never be able to live independently. But I know that the solution isn't charging addicted women with murder for events they did prior to giving even premature birth.

Sadly, in Arkansas, especially a Saline County jury (unlikely if she requested a venue change she'd be lucky enough to end up in more liberal Pulaski County either), even if they can't prove the meth directly caused the miscarriage they're likely to vote her guilty.

[elleng]

1. 'Smart,'

charge the addict with murder.

[moriah]

2. And the other, the introduction of a controlled substance into "the body of another".

She shot herself up.

As I said, I have two very significant reasons in my life personally why I want pregnant women to get the help they need to get off drugs if they want to give birth to their children....

But these kinds of prosecutions only make women afraid to get help.

[Cal Carpenter]

3. "... whose 24-week-old baby..."

Ummm, no! This was not a 24 week old baby. That is an important factual piece of information. Arkansas Online, where are your freaking editors?

[moriah]

4. Obviously Arkansas is covering it pretty biasedly.

You saw the larger article where they interviewed residents and everyone seemed like "Yeah, that's murder."

I weep for my state.

[Cal Carpenter]

5. Yeah, it's messed up

[moriah]

6. Plus if they're going with a class Y "introduction of a controlled substance"...

... they're essentially saying that any pregnant person who smokes pot is guilty of a class Y felony.

That's pretty fucking intense, and the kind of case that makes case law. With this being in Arkansas, a red state that's recently gotten rid of all but one abortion provider and trying to define personhood, etc....

Are they going to really try to argue that a fetus is a person enough to make smoking pot for morning sickness the same class of felony as rape? In fact, the law they're using was written to criminalize the use of date rape drugs even if they didn't get to sexual assault the person before caught.

https://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-13/subchapter-2/5-13-210

Sadly the second degree murder charge is the lesser offense.

[uponit7771]

8. +1

[moriah]

7. Update: No Murder Charges in Child's Death

http://www.bentoncourier.com/content/update-court-says-mother-cant-be-charged-murder-child-death-case

An Oregon woman who was arrested on a second-degree murder charge after police said she allegedly injected methamphetamine while 24 weeks pregnant can no longer be charged.

During a bond hearing Friday, Saline County Chief Deputy Prosecutor Rebecca Bush said that the mother also cannot be charged with introduction of a controlled substance into the body of another person.

** snip **

According to the case, "our criminal code expressly limits criminalizing conduct with respect to an unborn child to homicide offenses, and even then, does not allow a mother to be charged or convicted of any homicide offense while her child is in utero."

In reference to the charge of introduction of a controlled substance into the body of another person, the Supreme Court — in Melissa McCann Arms v. State of Arkansas 2015 — ruled that the mother could not be charged because the law only refers to a "person."

[uponit7771]

9. +1, looks like some prosecutor knows the law even though Saline County doesn't give a damn

[moriah]

10. Yeah, thank God. Still, you know that has to be hell, to think you're facing murder charges...

... and thrown into jail as soon as you're released from the hospital.

I hope that she can actually get some help, and grief counseling.

[uponit7771]

11. +1