Texas woman has murder charge dropped after she's jailed for self-inflicted abortion

People in Texas, supporting Lizelle Herrera.
People in Texas, supporting Lizelle Herrera. Photo credit: Texas Public Radio

A woman in Texas has had a murder charge against her dropped after she was accused of causing the "death of an individual by self-induced abortion".

Lizelle Herrera, 26, was arrested and put in jail on Thursday last week (local time). Abortion rights organization Frontera Fund said she was released on US$500,000 bail.

She has now had the charge dropped after District Attorney Gocha Allen Ramirez said in a statement Herrera should not be prosecuted.

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

University of Texas School of Law Professor Steve Vladeck told Texas Public Radio that based on the information available, the murder charge didn't apply.

"The Texas murder statute does apply to the killing of an unborn fetus," he said.

"But it specifically exempts cases where the person who terminated the fetus is the pregnant woman."

Ramirez said in a statement the incident was brought to his attention after a hospital reported it.

"To ignore the incident would have been a dereliction of their duty. Prosecutorial discretion rests with the District Attorney's office, and in the State of Texas, a prosecutor's oath is to do justice," he said.

"Following that oath, the only correct outcome to this matter is to immediately dismiss the indictment against Herrera."

Ramirez said whilst she is not facing charges, this has "taken a toll on her and her family".