A Texas man has sued three women for wrongful death after they allegedly helped his then-wife procure a medication abortion and thereby "murder" his unborn child.
Though Brittni Silva filed for divorce from her husband, Marcus Silva, in May 2022, she discovered she was pregnant with their third child at some point in the following weeks. During that time, she reportedly kept her pregnancy a secret from her husband but contacted three women — Jackie Noyola, Amy Carpenter (née Symmank), and Aracely Garcia — about arranging a medication abortion, even though almost all abortions have been illegal in the state of Texas since September 2021. Brittni Silva reportedly had "a self-managed abortion" sometime in July.
The couple's divorce was finalized last month, and now Marcus Silva is suing Noyola, Carpenter, and Garcia for their participation in the "wrongful death" of his unborn child. The lawsuit, filed in the District Court of Galveston County on March 9, argues: "Under the law of Texas, a person who assists a pregnant woman in obtaining a self-managed abortion has committed the crime of murder and can be sued for wrongful death."
The lawsuit contains screenshots and transcriptions of text messages between Brittni and the three defendants which indicate that they conspired to help Brittni obtain the necessary pills to commit the abortion.
"[W]e have pills here in Houston," Noyola reportedly told Brittni.
"You can do it at home," Noyola assured Brittni, according to the lawsuit. "We can take the day off and do it at my place if you want." Another text exchange indicates that Carpenter also offered to allow Brittni to have the abortion at her residence, though subsequent texts suggest that Brittni ultimately aborted her child at her own home.
The lawsuit claimed that Garcia and Noyola worked together to deliver the pills to Brittni and that Noyola encouraged Brittni to destroy all evidence of the abortion, including her text messages, so that Marcus would never find out about it.
"Delete all conversations from today," Noyola allegedly wrote. "You don’t want him looking through it."
As women who have abortions in Texas are immune from "civil or criminal liability," Brittni is not named as a defendant in the suit, and her ex-husband "is not pursuing any claims against her," the lawsuit said. The lawsuit seeks $1 million from each of the defendants, as well as an injunction which would prevent them from participating in any other illegal abortions in Texas.
Marcus Silva has several high-profile Texas litigators representing him: Jonathan Mitchell, the former Texas solicitor general who helped craft the Texas "heartbeat bill," Republican state Rep. Briscoe Cain, as well as several members of the Thomas More Society, a pro-life legal nonprofit.
Mitchell and Cain both stated that they may name the abortion pill manufacturer as a defendant as well. "Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion," Cain asserted.
Mitchell also sent a letter to the National Latina Institute for Reproductive Justice, where defendant Garcia works as a "field coordinator." The letter warned the organization to preserve certain documents related to Garcia's involvement in pro-abortion activism.
"We intend to take discovery ... to determine whether Ms. Garcia acted within the scope of her employment when she participated in the murder of Mr. Silva’s child," the letter stated. "We will also take discovery on whether anyone at the National Latina Institute for Reproductive Justice assisted Ms. Garcia in obtaining or distributing abortion pills. We will seek any attorney–client communications concerning these illegal activities under the crime–fraud exception to the attorney–client privilege, as well as the identity of every person who aided or abetted Ms. Garcia’s criminal activities."
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