BIRMINGHAM, Ala. (AP) — An Alabama woman whose fetus died after she was shot in a fight has been charged with manslaughter, while the woman accused of shooting her has been freed.

AL.Com reports 27-year Marshae Jones was charged with manslaughter Wednesday. She was five months pregnant when 23-year-old Ebony Jemison shot her in the stomach. Jemison was initially charged with manslaughter, but a Jefferson County grand jury indicted Jones instead after authorities determined she started the fight, and Jemison fired in self-defense.

Pleasant Grove police Lt. Danny Reid says the fetus was “dependent on its mother to try to keep it from harm.”

Women’s rights activists say the case shows Alabama is determined to make pregnant women criminally responsible if they fail to deliver live, healthy babies.