Nationwide — Syeisha Jadan Johnson, an 18-year-old African American teen from Durham, North Carolina, faces multiple charges after investigators say she took abortion pills while about 31 weeks pregnant. She later gave birth to a baby at home, and the infant survived.
Johnson faces charges of assault inflicting serious bodily injury on an unborn child, assault with a deadly weapon with intent to kill, and negligent child abuse inflicting serious bodily injury. The baby’s father, 19-year-old Elijah Jshaun Speight, faces a charge of negligent child abuse inflicting serious bodily injury.
According to The News & Observer, police allege Johnson ordered mifepristone and misoprostol online after finding out she was pregnant in June. Investigators believe she took the abortion pills three days before giving birth on July 29.
Police believe Johnson was about 31 weeks pregnant when she gave birth to a 5.5-pound baby in a toilet at her home. The couple allegedly left the newborn there until first responders arrived and performed CPR.
The infant was taken to a hospital and was reported to be in stable condition as of Thursday afternoon.
The case now puts Durham County District Attorney Satana Deberry in the spotlight as prosecutors review whether to move forward. Deberry has previously said she would not prosecute women who have abortions or healthcare providers involved in abortions if North Carolina criminalized the procedure.
Deberry repeated that position outside a Durham courtroom Wednesday. She also attended Johnson and Speight’s first court appearance and described the defendants as “very young.”
The charges have also raised questions about how North Carolina’s laws apply to the case. UNC-Chapel Hill law professor Maxine Eichner said prosecutors appear to have relied on child abuse and assault laws because the state’s abortion laws do not clearly cover the circumstances.
North Carolina prohibits the shipment of abortion pills into the state, but that law generally applies to the person providing the medication. Court records indicate the provider in this case is based in Virginia. The offense carries a maximum civil fine of $5,000.
The baby’s survival adds another unusual element to the case. Eichner said abortion-related cases typically involve a fetus that is not viable and does not survive, while this case involves an infant who survived the birth.
Johnson and Speight each posted a $1,000 bail bond Wednesday and were released from jail. Their charges remained pending as of Thursday afternoon.