On April 8, Lizelle Herrera was arrested on a murder charge for an alleged “death of an individual through a self-induced abortion.” After being released the next day in Starr County, with a posted bail of $500,000, it was unclear what Herrera’s fate would be. A grand jury had already indicted her on March 30 on the above charge, but it is unclear what role Herrera played in the alleged abortion.
Now, Texas District Attorney Gocha Allen Ramirez is dismissing the murder charge. In a statement by the DA’s office, Ramirez wrote, “In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her.” He added that the case was not a “criminal matter” and should be dropped immediately.
Also in the statement was a small detail surrounding the initial event; Herrera’s abortion was reported to the sheriff’s office by a hospital. Along with a highly complex web of current Texas abortion laws, these details have muddled what charges were used to indict Herrera.
September’s S.B. 8 barred all abortions after six weeks, as enforced by reports via civilians. S.B. 4 offers a felony charge for anyone that provides abortion medication, such as pills, after 49 days of pregnancy. However, the Texas Penal Code states that pregnant women cannot be charged with murder in a “self-induced abortion,” the New York Times writes. It is important to note that both S.B 8 and S.B 4 only allow for charges against abortion providers, not any woman receiving one.
Herrera’s bond of $500,000 was paid in full by the If/When/How program, and money for Herrera’s defense was raised by the Frontera Fund. In a statement obtained by the Dallas Morning News, the Frontera Fund stated that the group is “grateful for DA Ramirez’s common sense dismissal of the charges against Lizelle Herrera.” The founder, Rockie Gonzalez, wrote, “We will fight to ensure that our families in the Rio Grande Valley and across Texas are protected from being criminally prosecuted for their pregnancy outcomes.”
