ILNews

Court split on dismissing murder, attempted feticide charges

Back to TopCommentsE-mailPrintBookmark and Share

In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.

Bei Bei Shuai got pregnant during an affair with a married man, and when he ended their relationship, she decided to ingest rat poison to kill herself and her 33-week-old fetus. Both she and the fetus originally survived, but the baby had to be delivered by emergency C-section and died days later. The coroner concluded that A.S. died of “intracerebral hemorrhage due to maternal Coumadin ingestion.” Coumadin is a variant of an ingredient found in rat poison.

The state charged Shuai with felony murder and Class B felony attempted feticide. Shuai’s request for bail was denied, as was her motion to dismiss. Whether or not the murder and feticide statutes can be applied to a woman in this situation is one of first impression.

The appellate court unanimously agreed in Bei Bei Shuai v. State of Indiana, No. 49A02-1106-CR-486, that the trial court erred in denying Shuai’s request for bail. While evidence was presented to show she ingested rat poison with the intent to kill herself and her child, Shuai also presented evidence to support alternate explanations for the hemorrhage that led to A.S.’s death. The COA remanded for a determination of bail.

The judges split with regards to dismissing the charges against Shuai. The charging information said Shuai, on Dec. 23, 2010, knowingly killed her fetus that had attained viability when she ingested the rat poison and caused A.S. to be born in distress and subsequently die. Shuai claimed A.S. didn’t die on Dec. 23 because she was born alive and died on Jan. 3. When she died, she was no longer a fetus and now a human being.

The state argued that even though A.S.’s birth changed her from a “viable fetus” to a “human being,” it was Shuai’s actions that caused her death and the date she took the rat poison doesn’t matter.

The majority held that the charging information isn’t defective and that the feticide is not ambiguous as applied here. The plain language of the statute encompasses Shuai’s alleged actions and she doesn’t have immunity from prosecution.

Judge Patricia Riley dissented because she believed the charges should be dismissed. The facts show that on Dec. 23, Shuai didn’t kill a viable fetus, and the state didn’t provide evidence that Shuai did anything to endanger A.S. after her birth. She disagreed with the state’s contention that the categories of “viable fetus” and “another human being” as defined in the murder statute, can be used interchangeably with the focus on Shuai’s actions, not A.S.’s legal status.

“By arguing that A.S.’s legal status as a viable fetus and as a human being are interchangeable, the State disregards legislative reality and impermissibly attempts to enlarge the murder statute,” she wrote. “In light of Indiana's long-standing statutory and case law history, I conclude that it was never the intention of the legislature that the feticide statute should be used to criminalize prenatal conduct of a pregnant woman. Rather, the statute should only be applied to third-party conduct which endangers or harms a non-viable fetus.”


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT