‘It Was My Son’: Texas Mom Won’t Be Charged After Aborting Baby Against Father’s Wishes

A Texas mom accused of performing an abortion on herself against the wishes of the child’s father and was reported to authorities when she sought treatment at a hospital won’t face criminal charges.

Lizelle Herrera, 26, was arrested in Rio Grande City, Texas, April 7 after the Starr County District Attorney’s Office initially indicted her on murder charges. She had induced her own abortion in January and was reported to authorities by Starr County Memorial Hospital after seeking subsequent treatment.

“Listen, right now I have no words,” Ismael Herrera, the unborn child’s father, told Spanish-language news station Noticias Ya 48 after learning his ex-wife would not face charges. “It was my son, a boy.”

Ismael Herrera filed for divorce on the day of her arrest, according to reports.

Starr County District Attorney Gocha Allen Ramirez announced that he asked the judge to dismiss the murder charge, saying no applicable law existed to justify the charge. 

“Although with this dismissal Ms. Herrera will not face prosecution for this incident, it is clear to me that the events leading up to this indictment have taken a toll on Ms. Herrera and her family,” Ramirez said. “To ignore this fact would be shortsighted.”

“The issues surrounding this matter are clearly contentious, however based on Texas law and the facts presented, it is not a criminal matter,” the prosecutor added.

The district attorney’s reversal came amid pressure from abortions rights activists and national news coverage of the case. Pro-abortion rights groups including La Frontera Fund and the American Civil Liberties Union (ACLU) of Texas raised Herrera’s $500,000 bail within days of her arrest. 

“She miscarried at a hospital and allegedly confided to hospital staff that she had attempted to induce her own abortion and was reported to the authorities by hospital administration or staff,” said La Frontera Fund founder Rickie Gonzalez.

On April 9, 2022, Frontera Fund held a protest outside of the Starr County Jail opposing Lizelle Herrera’s arrest—a woman who was jailed for murder over a self-induced abortion. On April 10, the DA dismissed the indictment and murder charge.

Photos for @TexasTribune pic.twitter.com/z6eaqy3bUB

— Michael Gonzalez (@michaelgonzlz) April 11, 2022

La Frontera Fund also crowdfunded Herrera’s legal defense and living expenses. The fundraising page was active as of press time.

Ramirez’s office declined to comment further when contacted by The Daily Wire, although text messages between Ramirez and an unnamed person obtained by The Washington Post appear to show the prosecutor relaying what he told Herrera’s attorney, Calixtro Villarreal.

“I assure you I never meant to hurt this young lady,” Ramirez allegedly recounted telling Villareal, with whom he has worked closely in the past and appears to be friends from Ramirez’s time in private practice.

Court records reflect that Villarreal and Ramirez represented co-defendants in numerous federal cases. In late February 2020, a month before Ramirez was elected, Villarreal hosted a campaign event for him. A Facebook post showed that the campaign event began at Villarreal’s office and ended at the Starr County Courthouse, where they encouraged the community to cast their vote for Ramirez.

The case brought renewed attention to Texas’ recently enacted, so-called “Heartbeat Law,” which outlaws abortions after a heartbeat is detected. However, the law does not provide for criminal prosecution and allows private citizens to sue those who perform or assist an abortion. That law survived a Supreme Court challenge that would have prohibited its enforcement while legal challenges continue.

Corinne Murdock is a reporter for The Daily Wire and AZ Free News. Have something you think the mainstream media won’t cover? Send tips to [email protected].