But within days of Samiya's delivery in November 2006, Steven Hayne, Mississippi's de facto medical examiner at the time, came to a different conclusion. Autopsy tests had turned up traces of a cocaine byproduct in Samiya's blood, and Hayne declared her death a homicide, caused by "cocaine toxicity."

In early 2007, a Lowndes County grand jury indicted Gibbs, a 16-year-old black teen, for "depraved heart murder" defined under Mississippi law as an act "eminently dangerous to others regardless of human life." By smoking crack during her pregnancy, the indictment said, Gibbs had "unlawfully, willfully, and feloniously" caused the death of her baby. The maximum sentence: life in prison.