Starr County District Attorney Gocha Allen Ramirez said Sunday that his office would dismiss the murder indictment against 26-year-old Lizelle Herrera, who was arrested on Thursday in Rio Grande City after causing the death of a fetus or embryo through abortion.
The arrest was the first made in violation of the Texas abortion law that passed last year, banning the procedure after six weeks of pregnancy.
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The county’s grand jury indictment on March 30th alleged that Herrera, “did then and there intentionally and knowingly cause the death of an individual … by self-induced abortion” back in January.
District Attorney Ramirez announced that his office would move to dismiss the charge on Monday.
“In reviewing this case, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,” Ramirez said in a statement.
Abortion advocates are currently challenging the Texas abortion ban in federal and state court. Legal experts point to the locations where the cases were filed being more favorable to overturning the law.
“While the charges against Lizelle have been dismissed, we know the fight against the criminalization of pregnancy outcomes has only just begun,” said Alexis McGill Johnson, Planned Parenthood’s President and CEO via Twitter on Sunday.
— Alexis McGill Johnson (@alexismcgill) April 10, 2022