UPDATE: According to the DA, a review of applicable Texas law showed that Lizelle Herrera “cannot and should not be prosecuted for the allegation against her.”
It is still unclear whether Herrera is accused of having an abortion or whether she helped someone else get an abortion.
Herrera was arrested Thursday and remained jailed Saturday on a $500,000 bond in the Starr County jail in Rio Grande City, on the U.S.-Mexico border, sheriff's Maj. Carlos Delgado said in a statement. Delgado did not say under what law Herrera has been charged. He said Saturday no other information will be released until at least Monday because the case remains under investigation."Yesterday afternoon, I reached out to counsel for Ms.
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 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. Following that oath, the only correct outcome to this matter is to immediately dismiss the indictment against Ms. Herrera.
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. 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.
Going forward, my office will continue to communicate with counsel for Ms. Herrera in order to bring this matter to a close. It is my hope that with the dismissal of this case it is made clear that Ms. Herrera did not commit a criminal act under the laws of the State of Texas."