The video above is from a previous report.
It’s unclear if Lizelle Herrera is accused of having an abortion or if she helped someone else get an abortion.
RELATED: Texas Clinics’ Abortion Ban Lawsuit ‘Effectively Over’ After Supreme Court Ruling
Herrera was arrested Thursday and jailed Saturday on $500,000 bond in Starr County Jail in Rio Grande City on the U.S.-Mexico border, Sheriff Maj. Carlos Delgado said in a statement.
Additionally, reported by ABC13, Herrera is out on bail, according to the Frontera Fund.
“Herrera was arrested and charged with murder after Herrera intentionally and knowingly caused the death of an individual by voluntary abortion,” Delgado said.
Delgado did not specify under which law Herrera was charged. He said no further information will be released until at least Monday as the matter remains under investigation.
But on Sunday, the local district attorney announced the decision to drop the charges.
The following is part of a statement from District Attorney Gocha Allen Ramirez.
“I have contacted Ms. Lizelle Herrera’s attorney to advise that my office will be filing a motion to dismiss the indictment against Ms. Herrera on Monday, April 11, 2022. In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her. Going forward, my office will continue to communicate with Ms. Herrera’s attorney to close this case. I hope that with the dismissal of this matter, it will be made clear that Ms. Herrera has not committed a criminal act under the laws of the State of Texas.”
A 2021 state law that bans abortions in Texas for women as young as six weeks pregnant has dramatically reduced the number of abortions in the state. The law leaves enforcement to private citizens who can sue doctors or anyone who helps a woman get an abortion.
RELATED: Texas now bans medical abortions after 7 weeks pregnant
The woman who has an abortion is exempt from the law.
However, some states still have laws that criminalize voluntary abortions “and there have been a handful of lawsuits here and there over the years,” Stephen Vladeck, a law professor at the University of Texas, told the Associated Press.
“It is murder in Texas to take action that terminates a fetus, but when a medical provider does so, they cannot be prosecuted” due to U.S. Supreme Court rulings upholding the constitutionality of abortion, Vladeck said.
Another Texas law prohibits doctors and clinics from prescribing abortion-inducing drugs after the seventh week of pregnancy and prohibits mail delivery of pills.
Medical abortions are not considered self-induced under federal Food and Drug Administration regulations, Vladeck said.
“You can only receive the drug under medical supervision,” according to Vladeck. “I realize that sounds weird because you’re taking the pill yourself, but it’s under at least nominal oversight from a provider.”
RELATED: Oklahoma State House Approves Bill to Make Abortion Illegal
The Associated Press contributed to this report.
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