‘It Is Not a Criminal Matter’: Texas D.A. Drops Murder Charge Against Woman Charged in Connection to ‘Self-Induced Abortion’
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A Texas district attorney announced on Sunday that his office is dropping a murder charge against a woman arrested last week in connection with the “death of an individual through a self-induced abortion.”
The Texas Tribune reported 26-year-old Lizelle Herrera was arrested Thursday and held in jail on a $500,000 bond, before being released on bail Saturday. It remains unclear with Herrera had an abortion herself or assisted in one, as well as how far along the pregnancy in question was.
Starr County district attorney Gocha Allen Ramirez said in a statement that his office will file a motion to dismiss the indictment on Monday.
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,” Ramirez said, before noting the sheriff’s department “did their duty in investigating the incident brought to their attention by the reporting hospital.”
“Although with this dismissal Ms. Herrera will not face prosecution for this incident, it is clear to me that the events leading up to this indictment have taken a toll on Ms. Herrera and her family,” Ramirez added. “To ignore this fact would be shortsighted. The issues surrounding this matter are clearly contentious, however based on Texas law and the facts presented, it is not a criminal matter.”
In September, Texas’ S.B. 8 came into effect in September, effectively banning abortions as early as six weeks and permitting individuals to sue anyone who “aids and abets” an abortion for up to $10,000. Texas state lawmakers then enacted S.B. 4, which made it a state felony punishable by a $10,000 fine and up to two years in prison for providing medical abortion pills after 49 days of pregnancy, or for providers who do not comply with new regulations.
However, that law also exempts pregnant women from prosecution, the New York Times reported, later adding that “one section of the Texas penal code exempts expectant mothers from being charged with murder in connection with ‘the death of an unborn child.'”
It was unclear under what statute Herrera was charged.
In his statement, Ramirez reiterated that Herrera’s actions did not constitute “a criminal act.”
“It is my hope that with the dismissal of this case it is made clear that Ms. Herrera did not commit a criminal act under the laws of the State of Texas,” he said.
