Prosecutors seek to dismiss Bessemer DUI murder charge, say they cannot prove victim was pregnant

Prosecutors seek to dismiss Bessemer DUI murder charge, say they cannot prove victim was pregnant

Prosecutors are seeking to dismiss a murder charge against a woman following a DUI crash last month that reportedly caused the victim to miscarry.

Tiffany Polk, 37, is charged with murder, two counts of first-degree assault, two counts of third-degree assault and DUI.

Polk also received traffic citations for DUI, violating the state’s open container law and driving without a license.

The Bessemer Cutoff Jefferson County District Attorney’s Office on Monday filed a motion asking for the dismissal only of the murder charge.

“The state cannot prove by physical nor medical evidence the elements of murder regarding the unborn child listed in the warrant,’’ wrote Bessemer Cutoff Assistant District Attorney Lane Tolbert.

The judge has not yet ruled.

The crash happened at 3:50 a.m. Friday, Sept. 22, in the 900 block of Ninth Avenue in Bessemer, according to Det. Justin Burmeister.

Polk was the driver of a vehicle that struck a second vehicle in the rear.

One of the victims in the second vehicle was seriously injured and was reported to be two months pregnant at the time.

Polk booked into the Jefferson County Jail Oct. 6 and remains held.

Polk appeared before Bessemer Cutoff Jefferson County Judge David Carpenter for an Aniah’s Law bond hearing on Thursday.

Following the hearing, Carpenter granted the prosecutors’ request that Polk remain on no bond.

“Based on the testimony presented at the hearing, the court is satisfied that the state has proven by clear and convincing evidence that (Polk) is likely to be convicted of the offenses charge, that the facts show a lack of concern by the defendant for public safety and that the defendant has a history of violating laws concerning the operation of a motor vehicle,’’ Carpenter wrote in his order.