After a woman in Rio Grande City was arrested and indicted by a Starr County grand jury for murder causing "the death of an individual" through self-induced abortion, Texas District Attorney Gocha Allen Ramirez filed a motion to dismiss the case.
The Associated Press reported that it's unclear whether Lizelle Herrera, 26 years old, has been accused of having an abortion or if she aided someone to get an abortion. She had been in jail having $500,000 bond charges.
Sheriff's Maj. Carlos Delgado said, "Herrera was arrested and served with an indictment on the charge of Murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion."
Upon her arrest, about 20 people assembled outside the Starr County Jail on Saturday morning in a protest formed by an abortion assistance group in the Rio Grande Valley, Reuters reported. La Frontera Fund founder Rickie Gonzales told Reuters "She miscarried at a hospital and allegedly confided to hospital staff that she had attempted to induce her abortion and she was reported to the authorities by hospital administration or staff."
District Attorney Ramirez said that his office will be filing a motion to dismiss the charges. According to him, he reached out to Herrera for counsel. In his statement, "In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her."
Based on the statement, it was clear that the Starr County Sheriff's Department came short in investigating the incident brought to their awareness by the reporting hospital. "To ignore the incident would have been a dereliction of their duty. Prosecutorial discretion rests with the District Attorney's office, and in the State of Texas, a prosecutor's oath is to do justice," Delgado said.
"Going forward, my office will continue to communicate with counsel for Ms. Herrera to bring this matter to a close. I 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 continued.
Planned Parenthood tweeted its position regarding the incident. They pointed out that Herrera "should never be subject to criminal charges and detentions for a pregnancy outcome." Planned Parenthood's president and CEO, Alexis McGill Johnson said "While the charges against Lizelle have been dismissed, we know the fight against the criminalization of pregnancy outcomes has only just begun."
CBN News reported that Herrera was freed Saturday from the Starr County jail after placing a $500,000 bail. University of Texas law professor Stephen Vladeck told CBN News that the law would discharge Herrera from the conviction for aborting her pregnancy. "(Homicide) doesn't apply to the murder of an unborn child if the conduct charged is 'conduct committed by the mother of the unborn child,'" Vladeck said.
According to the professor, medication abortions could not be considered self-induced under federal Food and Drug Administration regulations. "You can only receive the medication under medical supervision," according to Vladeck. "I realize this sounds weird because you are taking the pill yourself, but it is under a providers' at least theoretical care."
