The Glade 4.0

Parents Say Drunk Hit & Run Killed Their Unborn Baby


Posted: Jul 18, 2012 7:34 PM EDT
Updated: Jul 18, 2012 8:38 PM EDT

Mary Jean Frances

LAFAYETTE, Tenn- A woman, more than 8 months pregnant said she lost her unborn baby because of a drunk driver who sped off after rear-ending her. It happened at a Macon County pharmacy drive through.

That was last Wednesday. On Sunday, Beverly Brown had to bury the baby she's been waiting to meet. She delivered him as a still birth last week just hours after being rear-ended by a woman who police so was extremely intoxicated, and investigators say it wasn't her first time drunk behind the wheel.

"I am still waiting to wake up from my dream from my nightmare it's what it is...she took one of my babies" said Beverly Brown.

Brown said her world changed when 34-year-old Mary Jean Frances got behind the wheel intoxicated, without a license, and headed towards the Fred's pharmacy drive thru in Lafayette. pharmacy drive through.

First police said Frances drove into a pole. She never stopped, and continued into the back of Brown's jeep, which was sitting in park. About 15 minutes later Brown felt her baby kick but she never thought it would be the last time.

"They said they could hear a faint heart beat but it was mine," she recalled after she was rushed to the hospital Wednesday night.


24 hours later Brown held her son for the first time without hearing him cry or looking into his eyes. He was born as a stillbirth.

"I just told him how much I loved him, and how sorry I was that this happened to him," she said.

But Jacob's father, Ryan Jones, said the only person who should be sorry is Frances.

The accident marks her third DUI charge and sixth time driving without a revoked license.
"I think she should very much be accountable for it," said Jones.

"We are treating this as a vehicle homicide, but we don't want to make any speculations until we get the preliminary results back," said Chief Ray Amalfitano.

Lafayette police are waiting for the autopsy report before they proceed with any vehicular homicide charges.

In the meantime, Brown is cherishing the months of memories she had before the crash.

"He would puts foot right above my belly button and press up and I would tickle his foot and he would start kicking me and stuff," she recalled.

And the mere moments she shared with Jacob after it.

"I just wanted to hear him cry," she said.

Only the final autopsy report will determine if Jacob's death was because of the accident or because of some unknown health problem. But just 6 days before this happened, the parents went to a doctor's appointment and their doctor said the baby looked perfectly healthy and that even if he was born early, he'd survive. Frances is behind bars in Smith county for a probation violation. The autopsy report should be ready in a few weeks.

Its a matter of intent. They intended to have the child, therefore, vehicular homicide.

I don't have a problem with that.

Dr. Pendergraft was instrumental in finding latetermabortion.net LLC so patients could help to end advanced late term pregnancies that are causing maternal life and health (physical or mental) complications or fetal indications for termination of pregnancies.

If intent of the parent makes the difference, why don't we extend that to born children? We don't allow parents to terminate them at will?

From a legal standpoint, it doesn't matter of the child is wanted or not. If late-term abortion is legal, then the termination of a pregnancy is not regarded as murder. Period.

The prospective parents are bereaved, and taking whatever actions they possibly can to see that the driver pays dearly for their loss. They are going overboard, trying to have the book thrown at the driver, but the bereaved do that. That's why we have judges to mediate these matters.

The judge, however, knows better. Or at least, the judge should, being a student of the law. The judge is fully aware that late-term abortion is legal, and that vehicular homicide is not the appropriate charge.

The judge is not the bereaved, the police, or the prosecution. The judge, acting in his or her official capacity, is empowered to weigh in based on what the law is. This is why judicial rulings set legal precedent for further cases. The intent here, by some party, is to set or reinforce a legal precedent that the termination of a pregnancy is murder, so as to outlaw abortion. Which is fine, outlawing abortion is a perfectly noble goal for someone to have, and that's a separate issue for a separate thread. As Rorinthas has pointed out, that simply is not what Tennessee law states. A vehicular homicide charge is inconsistent with the legal status of late-term abortions.

In comic strips the person on the left always speaks first. - George Carlin

The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".[1]
The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a).

Wouldn't this apply?


http://en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act

b) The provisions referred to in subsection (a) are the following:

`(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.

`(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).

`(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

In comic strips the person on the left always speaks first. - George Carlin

Maybe it would depend on the definition of Federal Crime? I mean, if it's any violent felony, I could definitely see murder falling into one of the 60 slots.

In comic strips the person on the left always speaks first. - George Carlin

From a legal standpoint, it doesn't matter of the child is wanted or not. If late-term abortion is legal, then the termination of a pregnancy is not regarded as murder. Period.

[...]

The judge, however, knows better. Or at least, the judge should, being a student of the law. The judge is fully aware that late-term abortion is legal, and that vehicular homicide is not the appropriate charge.

39-15-201. Criminal abortion and attempt to procure criminal miscarriage -- Penalties -- Lawful abortions and attempts to procure miscarriage -- Requirements.
[...]
(b) (1) Every person who performs an abortion commits the crime of criminal abortion, unless such abortion is performed in compliance with the requirements of subsection (c). Criminal abortion is a Class C felony.
[definitions ...]
(c) No person is guilty of a criminal abortion or an attempt to procure criminal miscarriage when an abortion or an attempt to procure a miscarriage is performed under the following circumstances:
[early term abortion stuff here ...]
(3) During viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and by the pregnant woman's attending physician, who is licensed or certified under title 63, chapter 6 or 9; and, if all the circumstances and provisions required for a lawful abortion or lawful attempt to procure a miscarriage during the period set out in subdivision (c)(2) are adhered to; and if, prior to the abortion or attempt to procure a miscarriage the physician has certified in writing to the hospital in which the abortion or attempt to procure a miscarriage is to be performed, that in the physician's best medical judgment, after proper examination, review of history, and such consultation as may be required by either the rules and regulations of the board for licensing health care facilities promulgated pursuant to � 68-11-209, or the administration of the hospital involved, or both, the abortion or attempt to procure a miscarriage is necessary to preserve the life or health of the mother, and shall have filed a copy of the certificate with the district attorney general of the judicial district in which the abortion or attempt to procure a miscarriage is to be performed.

Seems like murder and car accidents are not traditionally considered Federal Crimes though.

Maybe it would depend on the definition of Federal Crime? I mean, if it's any violent felony, I could definitely see murder falling into one of the 60 slots.

Murder is a federal crime, but they are unlikely to take jurisdiction unless you murder an agent of the federal government or commit murder in a location with no state jurisdiction (ex. Washington D.C., Puerto Rico, a national park, Indian reservation, etc.)

The basic federal murder law is 18 USC 1111 (http://caselaw.lp.findlaw.com/casecode/ ... _1111.html). However, this section only applies in the special maritime and territorial jurisdiction of the United States (http://caselaw.lp.findlaw.com/casecode/ ... ion_7.html), essentially federal property, federal waters, certain vessels and aircraft, and a few other situations.

In comic strips the person on the left always speaks first. - George Carlin

In comic strips the person on the left always speaks first. - George Carlin

As an addendum, someone with three DUIs is a menace to society and should be treated appropriately. However, when wielding the hammer, the court should be using the laws as they exist, not reinterpreting them to pile on additional punitive measures.