BENTON COUNTY, ARKANSAS, Ark. — Attorneys for Amber Waterman has filed an appeal after a judge's ruling that paved the way for the state to charge her with capital murder in the deaths of Ashley Bush and her unborn baby.
The Benton County judge ruled that the state of Arkansas can now pursue two capital murder charges against Amber Waterman, despite her federal conviction.
Waterman's attorneys filed the appeal to dismiss the case on the grounds of double jeopardy. The attorneys requested that the case go before the Arkansas Supreme Court.
Waterman was convicted of killing Bush — who was 31 weeks pregnant at the time — and her unborn baby in a plot to raise Bush's child as her own. Because Waterman kidnapped Bush in Benton County, the Missouri woman was facing one count of kidnapping and two counts of capital murder in Arkansas while the outcome of the federal case was pending.
In Waterman's first Benton County court appearance, a judge ruled that double jeopardy doesn't apply to the two counts of capital murder. However, it did apply to the kidnapping charge.
Immediately after the ruling was made, Waterman pleaded not guilty to the two counts of capital murder in court.
Waterman made her first court appearance in Benton County on Oct. 28 after pleading guilty to kidnapping resulting in death and causing the death
Her next hearing date is April 7, 2025. Waterman will also remain in Benton County Jail and won't return to federal prison in Missouri.
Benton County Prosecutor Josh Robinson previously told 5NEWS the state would seek the death penalty in the case.
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