Murder charges against a 26-year-old Texas woman were dismissed for what law enforcement called “the death of an individual by self-induced abortion".
The Starr County Sheriffs' Office arrested Lizelle Herrera on April 7, though it remains unclear whether she is accused of having an abortion, or if she helped someone get an abortion.
In a statement, Starr County District Attorney Gocha Allen Ramirez concluded that the woman "cannot and should not be prosecuted for the allegation against her. Although the charges were dismissed, Ramirez stressed the sheriff’s office acted according to its responsibilities under the law.
According to a statement from the sheriff's office, Herrera was indicted on a murder charge after “intentionally and knowingly causing the death of an individual by self-induced abortion”. The woman was arrested and detained in Starr County on a $500,000 bond.
The Frontera Fund, an abortion advocacy organization in the Rio Grande Valley took a strong interest in her case and launched the “Lizelle Herrera Legal Defense and Reconciliation Fund” to support Lizelle and her family with ongoing legal costs.
“Pregnant people deserve a full range of care in all communities. People needing abortion should not be afraid to get medical attention. Everyone should be able to trust their healthcare providers without worrying about being criminalized,” the Frontera Fund wrote in a statement.
In his statement, Ramirez said, "it is clear to me that the events leading up to this indictment have taken a toll" on the woman and her family.
"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," Ramirez said.
Last year, Gov. Greg Abbott signed Senate Bill 8, banning abortions after six weeks of pregnancy. The law does not target pregnant people themselves for prosecution and instead leaves law enforcement to private citizens to sue doctors or anyone who helps a woman get an abortion.
Those receiving abortions are exempted from the law, though some states criminalize self-induced abortions.
Herrera’s arrest as the Supreme Court reconsiders the landmark 1973 decision of Roe v. Wade that affirmed a constitutional right to abortion. If overturned, abortion would automatically become illegal in at least 13 states.
Pre-Roe bans still exist among nine states and may resurrect depending on the Supreme Court’s decision in June.
