Fox Pleads Guilty in Court Wednesday

BY MELANIE BUCK –

Jessica M. Fox pled guilty and was sentenced in Polk County Circuit Court on Wednesday for two counts of Introduction of Controlled Substance into the Body of Another Person. Her sentence was handed down by Judge Jerry Ryan who set each count to run concurrent, and totaled 20 years in the Arkansas Department of Corrections.

Fox was arrested on February 2, 2015 for two counts of Introduction of Controlled Substance into the Body of Another Person.  Fox gave birth to a child on October 17, 2013, which tested positive for four different drugs: methamphetamine, amphetamine, opiates, and Oxycodone. Fox tested positive for the same drugs with exception to opiates. The arrest was delayed pending the appellate courts opinion made in reference to the landmark McCann-Arms case.

The first count charged constitutes a Class Y Felony due to the drug found in the infant’s system being Oxycodone, a narcotic. The second count is a Class B Felony, having found methamphetamine, a non-narcotic, in the infant’s system.

Fox told Investigator Elena Cannon that she had not done the drugs but had stayed at a residence where drugs were being used and that she did not know how they got into her system. She did admit during the interview that she had used methamphetamine before she knew she was pregnant and had also used pain pills during pregnancy for pain in her back.

With appellate court Judge Phillip Whiteaker affirming the January 2014 decision of a Polk County jury in the McCann-Arms case and their subsequent 20-year sentence, the road was paved for prosecutors to pursue what many claim is becoming an all too common occurrence. Riner said that Amy Robertson also pled guilty in Polk County Circuit Court to the same type of case in February.

The law is unclear about the definition of ‘person’ and advocates of the law view an unborn fetus to not qualify as a ‘person.’ Whiteaker and Riner called upon legislators to bring clarity to the law. A bill was passed through the House this spring that would have clarified the definition of ‘person’ to include an ‘unborn child in utero at any stage of development.’ However, the bill died in the Senate.

Prosecuting Attorney Andy Riner said, “This is the third case of this type that we’ve prosecuted successfully and we look forward to prosecuting more.  These cases are terrible. These infants are born in terrible pain from withdrawing from controlled substances and this has to stop. Our office is committed to seeing that these newborn infants get justice through the justice system.”

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Jeri Pearson

Jeri is the News Director for Pulse Multi-Media and Editor of The Polk County Pulse. She has 10 years of experience in community focused journalism and has won multiple press association awards.

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