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Happening now: Court hearing to decide whether Arkansas can continue capital murder case against Amber Waterman

Waterman was sentenced to life in prison for the killings in federal court.

BENTON COUNTY, ARKANSAS, Ark. — Amber Waterman made her first court appearance in Benton County on Monday, Oct. 28 after pleading guilty for kidnapping resulting in death and causing the death of an unborn child in federal court back in July.

Waterman was sentenced to life in prison on Oct. 15. On Oct. 25, she was booked into the Benton County Jail for the first time since her arrest in 2022.

Waterman was convicted of killing Ashley Bush— who was 31 weeks pregnant at the time— and Bush's unborn baby in a plot to raise Bush's child as her own. Because Waterman kidnapped Bush in Benton County, the Missouri woman still faces one count of kidnapping and two counts of capital murder in Arkansas. 

While the outcome of the federal case was pending, the Arkansas case was on hold because of double jeopardy concerns. 

On Oct. 28, 2024, three months after admitting guilt for the federal charges, Waterman has appeared in a Benton County court for a hearing to determine whether Arkansas can continue with their own case of capital murder against her.

Benton County Prosecutor Josh Robinson previously told 5NEWS the state would seek the death penalty in the case.

5NEWS will update this article after the outcome of the hearing with details.

Federal case against Amber Waterman

According to Amber Waterman's federal indictment, while in her home in Missouri, Waterman created a fake Facebook account and joined a group centered around pregnant mothers where she met Bush under the false name "Lucy Barrows".

While pretending to be Lucy, Waterman told Bush that she could help her get a job and that she could drive her to an interview. 

On Oct. 31, 2022, Bush was dropped off by family at a gas station in Maysville, a small unincorporated community in the west of Benton County. This is where, according to documents in her federal conviction, Waterman kidnapped Bush and brought her to her home in Pineville, Missouri, with the plan to kill Bush and deliver the unborn baby to raise as her own.

Bush was reported missing in Benton County by her family after 

On the same day as the kidnapping, federal investigators say Amber called 911 and told operators that she had "delivered" a stillborn baby. When first responders arrived, Amber refused medical treatment. The baby, a girl, was pronounced dead.

A few days later, Amber and her husband Jamie Waterman were arrested after being interviewed by detectives in their home in Missouri.

Investigators said Jamie wasn't aware of the crimes his wife had committed until Nov. 1 when Amber admitted to him she'd killed Bush, but then quickly changed her story and said “Lucy” had killed her.

Jamie told investigators that Amber led him to Bush's body, which was wrapped in a blue tarp near their home. The couple burned the body in a fire pit on their property and then drove the body a short distance to hide it.

An autopsy classified Bush's death as a homicide as a result of trauma to her torso.

The Watermans were arrested on Nov. 3, 2022, and faced federal charges related to the kidnapping and deaths of Ashley Bush and her unborn baby.

For a full timeline of the case, from Bush's disappearance to Amber Waterman's guilty plea, click here.

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