A woman charged with manslaughter after she was shot and lost her unborn baby will not be prosecuted, officials said on Wednesday.

The indictment against Marshae Jones stemmed from a fight, and subsequent shooting, in Pleasant Grove in December.

Authorities say Jones initiated a physical fight with 23-year-old Ebony Jemison over the father of Jones’ unborn baby during which Jemison fired a shot that struck Jones. Though police initially charged Jemison in the death of Jones’ unborn child, the grand jury deemed Jemison shot in self-defense and instead Jones should be held responsible for the loss of the fetus.

Jones was arrested one week ago – June 26 – on the indictment that was issued on April 12. The indictment, unsealed the day after Jones’ arrest, says the Birmingham mother “intentionally caused the death of .... unborn baby Jones by initiating a fight knowing she was five months pregnant."

At Wednesday’s press conference, Bessemer Cutoff District Attorney Lynneice Washington said there will be no further legal action against Jones.

"As I have previously stated, this is truly a disturbing and heartbreaking case. An unborn child was tragically lost, and families on both sides of this matter have suffered,’’ Washington said. “Nothing we do today or in the future will change that reality.”

“The issue before us is whether it’s appropriate to try to hold someone legally culpable for the actions that led to the death of the unborn child,’’ she said. “There are no winners, only losers, in this sad ordeal.”

"After reviewing 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,’’ Washington said. “Therefore, I am hereby dismissing this case, and no further legal action will be taken against Ms. Jones in this matter.”

Washington said it’s important to point out that the decision not to prosecute Jones is in no way a criticism of the grand jury that indicted Jones. “These citizens took the evidence presented them by the Pleasant Grove Police Department and made what they believed to be a reasonable decision to indict Ms. Jones,’’ she said. “The members of the grand jury took to heart that the life of an unborn child was violently ended and believed someone should be held accountable. But in the interest of all concerned, we are not prosecuting this case.”

Washington did not take questions at the brief press conference.

White, Arnold and Dowd, the law firm representing Jones, said Washington made the right decision.

“We are gratified the District Attorney evaluated the matter and chose not to proceed with a case that was neither reasonable nor just,” the statement read. “The District Attorney’s decision will help Marshae continue to heal from this tragic event and work to rebuild her life in a positive and productive way. She moves forward with enormous gratitude for the support she and her family have received during this challenging time.”

Here is our full coverage of the entire case of Marshae Jones

The shooting happened about noon on Tuesday Dec. 4, 2018 outside Dollar General on Park Road, said Pleasant Grove police Lt. Danny Reid. Officers were dispatched to the scene on a report of someone shot but arrived to find that the victim – later identified as Jones - had been driven to Fairfield. Police and paramedics found Jones at a Fairfield convenience store. From Fairfield, Jones was taken to UAB Hospital where she underwent surgery.

Jemison was taken into custody and charged with manslaughter. At the time, Jones, Jemison and the father of Jones’ unborn child all worked together at a charcoal plant. Both women were said to be involved with the man and had an ongoing dispute.

According to authorities, Jones was the aggressor in the dispute that day and continued to press the fight even after Jemison had gotten into her vehicle to try to get away. It was then that Jemison got hold of a gun and fired a shot at Jones to stop the attack. Jemison has declined to comment but posted on Facebook that she fired a shot into the ground as her hair was being pulled.

At the time of Jemison’s arrest, Reid said, “the mother’s involvement and culpability will be presented to a grand jury” to determine if she also will be charged in the incident.

All felony arrests go before a grand jury to either charge (true bill) or decline to charge (no bill) the suspect. In this case, authorities put all evidence before a Bessemer Cutoff grand jury which convened on April 8, 2019.

Four days later, on April 12, the grand jury indicted Jones and declined to indict Jemison based on the evidence presented to them, which led to a dismissal of the charge against her. Indictments are only made public once the defendant has been arrested and served, which is why news of the charges against Jones were made public just last week.

By Friday, the Birmingham law firm of White, Arnold & Dowd – Mark White, Augusta Dowd, Linda Flippo and Hope Marshall – had taken on Jones’ case. On Monday, they filed a motion to dismiss the charge against Jones, calling the indictment ‘unreasonable, irrational, and unfounded.’

“While everyday Ms. Jones relives the most tragic event in her life, the loss of her baby, Marlaysia Jones, she is now being forced by the state to fight an unprecedented attack that threatens to leave her six-year-old daughter without her mother,’’ according to the motion. “The prosecution of Ms. Jones is unjust, and the indictment is due to be dismissed.”

Washington was out of the country on vacation when the controversy emerged. Speaking publicly for the first time at a weekend event, Washington delivered passionate remarks before a predominantly black audience saying “I am a black woman in black skin. So, don’t tell me how I don’t appreciate the sensitivity of a woman and the rights of women.”

She said at that time her office would “respect” the decision of the Jefferson County Bessemer grand jury to indict Jones, but said, “As district attorney, I have the discretion and power to do what I please.”

The ACLU on Wednesday praised Washington’s decision.

“The DA’s decision represents precisely what we want to see in these critical moments: a prosecutor who is not afraid to use prosecutorial discretion and power to refuse to prosecute when the law and justice demands that charges should be dropped,” said Jeff Robinson, the ACLU’s Deputy Legal Director and the Director of the Trone Center for Justice & Equality.