Texas Judge Drops Murder Charge Against Woman in 'Self-Induced' Abortion Case; District Attorney Cites Insufficient Evidence

By Mary Webber First Posted: Apr 12, 2022 03:17 AM EDT

A Texas judge has ruled to drop a murder charge against a woman who was arrested in connection with a "self-induced abortion."

The court ruling was issued on Monday after a district attorney filed a motion to dismiss the murder charge, citing insufficient evidence on the case, according to USA Today.

The Texas woman identified as 26-year-old Lizelle Herrera was arrested in "the death of an individual by self-induced abortion" by the Starr County Sheriff's Office Thursday, which was met by several protests from abortion rights advocates.

In a news release on Sunday, County District Attorney Gocha Allen Ramirez said Herrera "cannot and should not be prosecuted" for the allegation against her after reviewing applicable Texas law.

"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 added.

Texas Judge Dismisses Murder Charge Against the Texas Woman

Abortion rights organization Frontera Fund said Lizelle Herrera was released on a $500,000 bail on Saturday, according to The New York Times.

In a statement to The Associated Press, the sheriff's office said the Texas woman was indicted on the murder charge after she "intentionally and knowingly" caused the death of an individual due to "self-induced abortion."

However, it was never made clear whether she was accused of giving herself an abortion or assisting in someone else's self-induced abortion.

Self-induced abortion is a practice of abortion outside of medical care. It includes the use of abortion pills, supplements, herbs or vitamins, multiple contraceptive pills or emergency contraception pills, or physical trauma.

Ramirez said the sheriff's office did their "duty in investigating the incident" that was brought to their attention by the reporting hospital, Sky News reported.

He added that it was clear to him that the events that led to the indictment had taken a toll on Herrera and her family despite the dismissal.

"To ignore this fact would be short-sighted," Ramirez noted, adding that the issues relating to Herrera's case "are clearly contentious" but "not a criminal matter."

A small group of activists had demonstrated outside the jail where Herrera was held on Saturday, bringing attention to the role class plays in Texas' abortion restrictions.

Domingo Garcia, national president of the League of United Latin American Citizens, described the incident as "public shaming and criminal persecution" of a Latina "under the guise" of the law.

Garcia noted that it shows the situation some women in Texas are facing if they cannot access legal abortion services due to being unable to afford the travel costs.

Texas Abortion Law

In September, Texas passed a law known as Senate Bill 8 or S.B. 8., which prohibits abortion when a fetal heartbeat can be detected in a fetus, occurring six weeks during a woman's pregnancy.

Unlike other anti-abortion laws from other states, it allows lawsuits against abortion providers rather than through the state government.

Apart from banning abortion for women during their six-week pregnancy, anyone who successfully sued an abortion provider can be awarded up to $10,000.

The Texas Legislature also enacted another law that makes it illegal for clinics and doctors to prescribe abortion-inducing medications after seven weeks and prohibits the delivery of the pills by mail. It is a state felony punishable by a $10,000 fine and up to two years in prison but exempts pregnant women from prosecution.

One section of the penal code in Texas exempts expectant mothers from being charged with murder in connection with an unborn child's death.

This article is owned by Latin Post.

Written by: Mary Webber

WATCH: Woman Faces Texas Murder Charge After Self-Induced Abortion - From Fox 4 Dallas-Fort Worth