According to local prosecutors, the Texas woman arrested for allegedly performing a “illegal” abortion on herself will not face charges.
Lizelle Herrera, 26, was arrested Thursday in Rio Grand City, in the state’s south near the border with Mexico, after a local hospital reported her. She was being held in the Starr County Jail on a $500,000 bond.
Gocha Allen Ramirez, the local district attorney, revealed on Sunday that his office had contacted her attorney and informed her that the DA will be filing a motion to dismiss the charge on Monday.
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,” the DA wrote in a statement.
“In reviewing this case, it is clear that the Starr County Sheriff’s Department did their duty in investigating the incident brought to their attention by the reporting hospital. To ignore this incident would have been a dereliction of their duty,” the top prosecutor added.
Still, “prosecutorial discretion rests with the District Attorney’s office,” he added, saying it would be against his “oath” to do justice by prosecuting Herrera and instead will “immediately dismiss the indictment.”
Herrera, 26, “did intentionally and knowingly cause the death of an individual by self-induced abortion.” a Starr County Sheriff’s office rep told KVEO TV on Friday.
It was unclear how far along Herrera was in her pregnancy at the time. The charges were filed seven months after Texas Governor Greg Abbott signed the contentious anti-abortion legislation that prohibited abortions after six weeks.
