Alabama Supreme Court: Unborn children protected by chemical endangerment statute - WAFF-TV: News, Weather and Sports for Huntsville, AL

Alabama Supreme Court: Unborn children protected by chemical endangerment statute

Posted: Updated:
Amanda Kimbrough appealed after pleading guilty to a charge of chemical endangerment. Amanda Kimbrough appealed after pleading guilty to a charge of chemical endangerment.
  • Local NewsMore>>

  • Huntsville school board member named in civil suit by former employer

    Huntsville school board member named in civil suit by former employer

    Thursday, August 21 2014 11:56 PM EDT2014-08-22 03:56:59 GMT
    Mike Culbreath is accused of conspiring with James Packard, a competing developer, to convince potential tenants to choose a competing development in the City of Huntsville.More >>
    Mike Culbreath is accused of conspiring with James Packard, a competing developer, to convince potential tenants to choose a competing development in the City of Huntsville.More >>
  • Three children found in home with meth lab outside

    Three children found in home with meth lab outside

    Thursday, August 21 2014 10:30 PM EDT2014-08-22 02:30:49 GMT
    Authorities arrested Ashley Freeno and Christopher Silva after finding a methamphetamine lab outside their home. Further investigations revealed that drugs and other paraphernalia were inside their home where three young children live.The Department of Human Resources have placed the children into the custody of family members.Freeno was charged with manufacturing meth in the 2nd degree and two counts of possession. Silva was charged with manufacturing meth in the 1st degree and two counts of...More >>
    Authorities arrested Ashley Freeno and Christopher Silva after finding a methamphetamine lab outside their home. Further investigations revealed that drugs and other paraphernalia were inside their home where three young children live.The Department of Human Resources have placed the children into the custody of family members.Freeno was charged with manufacturing meth in the 2nd degree and two counts of possession. Silva was charged with manufacturing meth in the 1st degree and two counts of...More >>
  • Man arrested after agents seized over one pound of meth, three firearms, and one vehicle

    Man arrested after agents seized over one pound of meth, three firearms, and one vehicle

    Thursday, August 21 2014 10:11 PM EDT2014-08-22 02:11:14 GMT
    On Aug 14, the Madison-Morgan STAC Team and Morgan County Drug Task Force responded to complaints from the community near Hulaco Road.Upon arrival, a search warrant was carried out at the home of Dustin Tyler Smith in Joppa Alabama.Agent had begun a new investigation Agents seized over one pound of methamphetamine, three firearms, and one vehicle.Smith was arrested in 2013 for trafficking in methamphetamine. He was out on bond and also on Community Corrections regarding his most recent arrest...More >>
    On Aug 14, the Madison-Morgan STAC Team and Morgan County Drug Task Force responded to complaints from the community near Hulaco Road.Upon arrival, a search warrant was carried out at the home of Dustin Tyler Smith in Joppa Alabama.Agent had begun a new investigation Agents seized over one pound of methamphetamine, three firearms, and one vehicle.Smith was arrested in 2013 for trafficking in methamphetamine. He was out on bond and also on Community Corrections regarding his most recent arrest...More >>

Friday, the Supreme Court of Alabama handed down a ruling that includes unborn children in the chemical endangerment statute.

This ruling comes as a result of an appeal filed by Amanda Helaine Borden Kimbrough of Colbert County.

Kimbrough pleaded guilty to child endangerment after her son Timmy died 19 minutes after birth. Kimbrough went into labor at 25 weeks. 

A medical examiner with the Alabama Department of Forensic Sciences determined Timmy died from "accute methamphetamine intoxication". Kimbrough later admitted to smoking meth three days before the child was born.

Kimbrough pleaded guilty to chemical endangerment of a child, but later appealed. She argued that the chemical endangerment statute did not extend to unborn children.

The Alabama Criminal Court of Appeals ruled that Kimbrough's guilty plea should stand. 

Kimbrough then took the case to the Supreme Court of Alabama.

The Court ruled that the Court of Criminal Appeals made the right call.

The ruling states, "The decision of this Court today is in keeping with the widespread legal recognition that unborn children are persons with rights that should be protected by law."

Kimbrough is in Tutwiler Women's Prison. Her release date is in 2015.

Copyright 2013 WAFF. All rights reserved.

Powered by WorldNow

1414 North Memorial Parkway
Huntsville, AL 35801
256-533-4848

WAFF Is a Proud Member
of the Raycom Family of Stations


FCC Public File
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and WAFF. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.