Daniel Trotta

(Reuters) – Texas’s local prosecutor has dismissed criminal charges against a woman, 26, who was accused of self-inducing abortion. The case attracted national attention and led to protests by abortion rights advocates.

On Thursday, Lizelle Herrera, who was indicted on March 30 by a Grand Jury, was taken into custody by Starr County Sheriff’s Office. According to Valley Central.com a spokesperson said that Lizelle Herrera “intentionally caused and knowingly caused” the death by self-inducing abortion.

Gocha Allen Ramirez, Starr County District Attorney said that his office will file a motion for dismissal of charges against her Monday.

Ramirez released a statement saying that she had reviewed Texas laws and concluded that Herrera could not and should be held responsible for her allegations.

The sheriff’s office and the district attorney did not respond to questions about her release date.

Starr County lies in Texas’ southern tip at the Rio Grande Valley, bordering Mexico.

Ramirez stated that sheriff’s deputy officers were correct to arrest Ramirez because “to ignore this incident would have been an dereliction of their duties.” He also stated that district attorneys are allowed to exercise prosecutorial discretion, and his oath was “to do justice”.

The prosecutor stated, “Following this oath the only right outcome to the matter is to immediately disqualify the indictment against Mrs. Herrera.”

In addition to bringing into question Texas’s abortion laws, the case raised concerns about their validity. The U.S. Supreme Court largely upheld them in December. This law is known as Senate Bill 8. It bans abortion after six week of pregnancy. However, this applies before most women realize they are pregnant.

Starr County Prosecutor, who did not address the question of which legal standard was used, instead referred to Herrera’s “tear” and his family.

Ramirez stated that although the issues in this case are contentious and based upon Texas law, Ramirez indicated that it was not a criminal matter.

On Saturday, a small number of protestors gathered in front of the Sheriff’s Office, being led by La Frontera Fund (an abortion aid group).

Rickie Gonzalez said that the founder of the group, Rickie Gonzalez, miscarried in a hospital. She allegedly confessed to staff at the hospital she tried to induce an abortion.