Murder charges dropped against mother who took abortion pill then birthed live son

A woman who illegally aborted her baby at 5 ½ months gestation is no longer being charged with murder.

According to The Washington Post, Kenlissia Jones, 23, ordered the abortion drug Cytotec online from Canada. Overcome with pain, Jones was taken to the hospital by a neighbor, but she delivered her premature son in the backseat of the car. He lived for 30 minutes.

Because the abortion took place after the second trimester had begun outside of a clinic or hospital, which is illegal in Georgia, Jones was arrested. However, District Attorney Greg Edwards dismissed the charges after realizing that the law does not apply to the mother. Only third parties, such as doctors, can be prosecuted for an illegal abortion, not the pregnant woman.

Jones is still, however, facing charges for possession of a dangerous drug. Her brother, Ricco Riggins, who was given custody of Jones’ 20-month-old son while she deals with her legal issues, is devastated at the loss of his nephew. Riggins told The Washington Post that he believes Jones has a psychological issue that has not been diagnosed and that she therefore may not understand what she did and the legal repercussions. He also told The Washington Post:

These past four days, I cried buckets of tears; I cried in that lady’s office for a long time. It was gut-wrenching I hate it. I just really, really hate it. […] And she does need help. And at the end of the day, she is mentally unstable. It doesn’t make it right to take a life too, but still.

Jones has another child, less than a year old and whom Riggins didn’t know about, who is being cared for by another family.