A Texas district attorney announced on Sunday that he will file a motion on Monday to dismiss a murder prosecution against a woman accused of “self-induced abortion death.”
The arrest of Lizelle Herrera, 26, by the Starr County Sheriff’s Office on Thursday enraged abortion rights activists.
In a news release issued Sunday, County District Attorney Gocha Allen Ramirez stated, “It is evident that Ms. Herrera cannot and should not be prosecuted for the allegation against her.”
Herrera was suspected of either having a self-induced abortion or assisting someone else in having an abortion, and the sheriff’s office could not specify which legislation Herrera was charged under.
Herrera was charged after “intentionally and deliberately caused the death of an individual via a self-induced abortion,” according to the sheriff’s office in a statement to The Associated Press.
Ramirez said in a statement released Sunday that the Starr County Sheriff’s Office “performed their duty” in investigating the event, which was brought to authorities’ attention by a local hospital.
“Although Ms. Herrera will not face prosecution for this incident as a result of this dismissal,” he wrote, “it is evident to me that the events leading up to this indictment have taken a toll on Ms. Herrera and her family.” “While the issues underlying this case are undoubtedly disputed, it is not a criminal matter based on Texas law and the evidence presented.”
In September, Texas Senate Bill 8 was signed into law, prohibiting abortions after six weeks of pregnancy in the state with the strictest abortion regulations in the country. The law does not specifically target pregnant women for prosecution; rather, it is enforced by private parties who can sue abortion providers who “aid and abet” women seeking abortions.
Herrera was imprisoned in the Starr County Jail in Rio Grande City on a $500,000 bond until Saturday evening, when she was released after posting bond and obtaining legal counsel, according to La Frontera Fund, which is raising funds on her behalf.
Outside the jail where she was being detained, a small group of activists staged a protest on Saturday.