Texas Man Files Wrongful Death Lawsuit Against Ex-wife’s Friends Who Allegedly Helped Her Access Abortion Pills

A Texas man filed an action for wrongful death Forensics His ex-wife was allegedly assisted by three women to obtain abortion pills. This is the first legal filing made under the state trigger law which makes the act of abortion a felony.

Plaintiff Marcus Silva filed the lawsuit in the Galveston County District Court last week, alleging two of his former wife’s friends — defendants Jackie Noyola and Amy Carpenter — assisted Silva’s former wife, Brittni, “in murdering Ms. Silva’s unborn child with illegally obtained abortion pills,” According to the lawsuit, Carpenter and Noyola allegedly text Ms. Silva to provide information on an international group that supplies abortion pills through post services called Aid Access.

A third woman, Aracely Garcia is also accused in the lawsuit of transporting the drugs. “murder baby Silva” In July 2022, a month following Roe v. Wade’s overturning by the U.S. Supreme Court.

“Marcus Silva recently learned of the defendant’s involvement in the murder of his child, and he brings suit against them for wrongful death and conspiracy.” This is the lawsuit.

Briscoe Cain is an attorney for Mr. Silva, and a member of the Texas House of Representatives. Fox 29 Texas law permits such lawsuits to be filed against anyone who distributes or makes abortion pills for Texas residents.

“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain stated. “That includes CVS and Walgreens if their abortion pills find their way into our state.”

Cain indicated that Silva’s legal team will sue the manufacturer of the abortion pills if their identities are revealed.

The court filings state that a person who aids a woman during pregnancy to obtain a self-managed abortion is guilty of murder. They can also be sued for wrongful deaths.

Silva did not identify his wife in the suit. Axios Report, citing Texas laws that exempt pregnant women from prosecution.

According to The Texas Tribune, court records show that Silva’s wife filed for divorce May 2022. The finalization occurred in February 2023.

Silva’s wife was concerned that Silva would send her text messages in response to the lawsuit. “use it against me.”

“I know either way he will use it against me,” According to text messages attached as part of the complaint, the pregnant woman stated that she was telling the truth. “If I told him before, which I’m not, he would use it as a way to try to stay with me. And after the fact, I know he will try to act like he has some right to the decision.”

A friend of Ms. Silva sent a text message agreeing, saying: “I just worry about your emotional state and he’ll be able to snake his way into your head.”

Axios reported Silva was also encouraged delete text conversations.

Texas passed a trigger bill making it a crime to perform an abortion. It can be punished by life imprisonment. ABC reported. However, the law was not implemented until August 2022. This makes it controversial.

Joe Pojman, Texas Alliance for Life, told Fox 29 that this legal action could be a precedent for future cases.

“I hope the unborn children’s lives are not taken but if they are, this could be a really important example for someone,” Pojman stated. “I’m hopeful this could mean justice for the unborn child, I’m hopeful that for father of the child could get some kind of compensation for it such that this would never ever happen again.”

Charles “Rocky” Rhodes, South Texas College of Law law professor, said to ABC that he believes that the lawsuit might gain momentum.

“It’s scary to think that you can be sued for significant damages for helping a friend undertake acts that help her have even a self-medicated abortion,” Rhodes said. “Obviously, the allegations would have to be proven, but there is potentially merit to this suit under Texas’ abortion laws as they exist now.”

Sunsara Taylor with RiseUp4AbortionRights.org told the outlet she believes the action violates women’s fundamental rights and blamed it on “Christian fascist movements.”

“It’s always just been a matter of time,” Taylor said. “Christian fascist movements and I say that deliberately because not all Christians, and it is a fascist movement that has been spearheading the movement over decades to ban abortion, has always been clear that their intention is to take this right away from women in all circumstances.”

“I think that there’s a lot of women who will be targeted,” She believes that more prosecutions will follow.

According to the lawsuit, Silva seeks more than $1,000,000 in damages.

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