(Photo courtesy of kozyndan.)
A Huntington Beach woman who was more than 16 weeks pregnant and who police said was injured in a hit-and-run crash with mixed martial artist Quinton “Rampage” Jackson on the 55 Freeway two weeks ago has had a miscarriage, her fiance said Friday.
Holli Griggs, 38, was driving her 2007 Cadillac Escalade in the left lane on the southbound 55 Freeway just south of Bay Street on July 15 when Jackson’s gray-and-green pick-up truck sideswiped her as he drove along the median lane at about 45 mph, California Highway Patrol officials said…Prosecutors would not comment on any potential charges due to Griggs’ miscarriage.
“Our office will make sure we take as much time as necessary to make a proper filing decision and including all evidence and medical information to make sure any charges that are filed are fair and accurate,” Dist. Atty. spokeswoman Farrah Emami said.
Griggs was unavailable for comment Friday. Her fiance, Bill Krebs, said doctors were immediately concerned when they noticed a significant loss of fluid in Griggs’ womb after the accident. Days before the crash, the couple had visited the doctor for an ultrasound, and Griggs was told she “had enough fluid for three babies,” Krebs said. She was pregnant with a boy…
The couple have retained an attorney but have yet to take legal action against Jackson.
Whoa. A miscarriage is a tragedy in any context, and not to be too insensitive regarding Jackson’s possible mental condition, but if you needed a sign that you’re not actually an incarnation of God’s will on Earth (or God Himself), this is pretty much it. Of course, we’re thinking the same thing you are — does this mean Jackson could be catching a manslaughter charge in addition to his hit-and-run and evasion charges?
According to Bloody Elbow‘s Michael Rome, it doesn’t. In a post yesterday (that was later taken off the site for some reason), he wrote:
First, this will not result in a manslaughter charge. According to nearly everything I’ve read in the last few hours, California manslaughter law does not apply to fetuses. This includes vehicular manslaughter. Years ago, when a court held that the murder law did not apply to fetuses, the California Legislature amended the murder law to include fetuses. They did not amend the manslaughter law, and courts have interpreted this to mean fetuses are not covered by manslaughter laws.
Second, he will not face felony murder charges. I was thinking about this at first because he committed felony evasion, but it turns out California is one of the states that specifically spells out which felonies count for the purpose of felony murder. Here is the statute, Cal Penal Code section 189:
First degree murder includes murder committed in the perpetration of, or attempt to perpetrate: Arson, rape and various other sexual crimes, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or…discharging a firearm from a motor vehicle.
None of these apply, so he can breathe a sigh of relief there. I think the only impact on the criminal proceedings would be if his misdemeanor hit and run becomes a felony hit and run. Hit and run becomes a felony in California if the accident “results in death or permanent, serious injury.” The question of whether “results in death” applies to fetuses has never been litigated according to a quick Lexis search.
That’s fortunate, if it’s actually true. But it doesn’t rule out the possibility of a civil suit, in which a large financial judgment could be levied against Jackson for his responsibility (a lawyer might argue) in causing the miscarriage to happen. The guilt from a situation like this could be unbearable for a person even in normal circumstances. For Rampage, the circumstances aren’t normal, and we truly hope this doesn’t send him deeper into whatever delusional rabbit hole he may have drifted into.