8-month-pregnant capital murder suspect to stay in Jefferson County jail in pregnant woman’s slaying

8-month-pregnant capital murder suspect to stay in Jefferson County jail in pregnant woman’s slaying

The suspect in the deadly shooting of a pregnant mother who was slain while holding her toddler daughter will remain behind bars despite her attorney’s plea that she be released because is eight months pregnant.

Aaniyah Nowden, 21, is charged with capital murder in the July 7 shooting of 36-year-old Justina Wallace.

Wallace was shot during a domestic dispute with Nowden, who both have children by the same man, authorities said.

The pregnant mother of five died the following day at UAB Hospital.

The shooting happened just before 7 p.m. in the 3200 block of 17th Avenue North. Wallace, her daughter, and at least two of her young sons were at the shooting scene.

Photos and videos posted to social media showed the suspect pointing a gun at the victim while the victim was holding daughter Sky, who turned 2 just two days later.

Justina Wallace, a 36-year-old mother pregnant with her sixth child, was shot to death in Birmingham on July 7, 2023, while holding her toddler daughter. Friends threw 2-year-old Sky a birthday part on Sunday.

Nowden’s attorney, Erskine Mathis, filed a motion for an emergency bond hearing before Jefferson County Judge Alaric May.

Mathis said Nowden was taken from the Jefferson County Jail to the hospital three days after her arrest because she is experiencing high blood pressure and preeclampsia.

The attorney was seeking a reasonable bond or Nowden’s release on electronic monitoring so that she could go stay with unborn baby’s father until at least after delivery so “the child can at least get a start in life with her mother, or his mother.”

Mathis said Nowden has since been moved from general population at the county jail to the lockup’s medical floor but said “there’s a problem there as well.”

“She’s locked up in her own cell for 23 hours out of the day,’’ he said. “For one each day, she’s in general population (on the medical floor).”

“Many of the people on the medical floor are there for mental problems,’’ he said. “It scares her to death when she has to go out in that big room with all those people hollering and screaming. It’s frightening her.”

Aaniyah Nowden

Aaniyah Nowden, 21, is charged with capital murder in the July 7, 2023, shooting death of 36-year-old Justina Wallace. Police said both women had children by the same man. (Jefferson County Jail)

“She knows very well that she’s charged with capital murder. I will tell the court right now, we’ve seen all the newspaper coverage and the stuff on social media. This is a self-defense case,’’ Mathis said.

“It’s going to come out to be a self-defense case and I believe when it’s all over with, she’s going to be found not guilty in spite of the fact that it’s been made out that she’s a terrible person. That just ain’t so.”

He said Nowden has never been in trouble, and he noted that the father of her unborn baby was in Monday’s hearing to support her.

Jefferson County Deputy District Attorney Dain Stewart said Nowden is charged with capital murder in the presence of a child.

That child – who witnessed the deadly shooting – was also fathered by the father of Nowden’s unborn child.

Stewart said as the case proceeds, he anticipates charging Nowden with a second charge – capital murder of two or more persons since the slain Wallace was pregnant as well.

The prosecutor noted that both charges are death penalty eligible.

“I do agree that when this case goes to trial, that the defense in this case will be self-defense,’’ Stewart said.

“However, the defendant in this case did give a statement to (Birmingham homicide detective) Kyle Johnson admitting that when she shot the victim, she saw that the victim was holding her 2-year-old child and had nothing else in her hand,’’ Stewart said. “That was in her own words in a post-Miranda statement.”

Stewart said that while prosecutors are compassionate that the defendant is a pregnant person, there is no allegation that she’s not receiving adequate medical care or attention in the jail.

“The unfortunate circumstance is that across the state of Alabama there are many incarcerated pregnant people,’’ Stewart said.

He asked that, because of the severity of the charges against Nowden and the likelihood of conviction, that she remain held without bond.

Judge May said that prior to the hearing, he checked himself with the jail on Nowden’s condition.

“The jail told me right now everything is stable, that she was taken (to the hospital) as a precaution, and that she doesn’t need any special care,’’ May said.

Mathis replied with this, “None of us want to be on the short end of this stick if something were to happen.”

The judge denied Nowden bond, which brought tears from her supporters in the courtroom.

“The court does not lack compassion when it comes to Ms. Nowden’s condition, however, based on the charge itself, based on the fact that the death penalty may be applicable and from what the state appears to be saying, the state will probably seeking the death penalty as well as potentially adding on a second death-penalty applicable count, I’m not going to set a bond,’’ May said.

“This is just a tragic situation.”