By Manila Ryce
Published Sunday, May 14th, 2006, 11:09 pm
Filed under: Society/Culture: Abortion, Society/Culture
Tammy Skinner was shot in the stomach, resulting in the death of her unborn baby on the day she was suppose to give birth. And although the assailant is currently in custody, they are unable to be convicted for the crime. Why? Because the assailant is Tammy Skinner herself. In Virginia, the fetal homicide law is as follows:
“‘Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another’ may be imprisoned from 20 years to life; and any person who does so without premeditation may be imprisoned for not less than five nor more than 40 years”
Skinner can not be convicted because the law states the assailant must kill the “the fetus of another” to be prosecuted. If there is no third party there is no conviction. Tammy originally stated that the shooter was the father of the baby. She is currently serving 30 days for filing a false police report. “It was clear to me, and clear to the judge, that you cannot convict when an expectant mother does this,” Skinner’s lawyer said.
source
3 Responses to “Baby Shot. Killer Not Convicted”
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I’d have to agree with the courts. She basically performed an abortion the dangerous, stupid way. She got pretty close to a Darwin award though.
05/16/06 at 9:33 am
oh, how nice…she shoots the baby and “she’s battling depression”!
anyway, i am not against abortion as long as it happens early, why did she wait so long and why on earth did she use such a vulgar method? she could have given the child to a couple who needed it.
05/17/06 at 2:42 pm
@Kaziglu Bey
With the exception of certain cases, abortions in America are carried out within the first trimester. There is no conclusive way to show that a fetus is or isn’t a human. Therefor, the only moral saving grace of an abortion is if it’s performed in a humane manner or out of necessity when the life of the mother is at risk. For humane reasons it should be done early, before the brain and nervous system develop. Shooting the fetus on the day it is to be born is no different than leaving it in a dumpster after it’s born. The mother got off on a technicality.
05/17/06 at 11:55 pm