One man from Texas has officially filed a wrongful death lawsuit targeting a group of three women that allegedly assisted his ex-wife gain access to abortion medication, marking the first official legal filing of its kind under the state’s new trigger laws that make the act of performing an abortion a felony.
Plaintiff Marcus Silva filed for the suit within the Galveston County District Court late last week, alleging that two of his ex-wife’s friends — the cases defendants Jackie Noyola and Amy Carpenter — helped Silva’s former wife, Brittni, “in murdering Ms. Silva’s unborn child with illegally obtained abortion pills,” explains the suit. Allegedly, Noyola and Carpenter sent a text over to Ms. Silva with information regarding an international group that offers abortion pills via postal services with the name Aid Access.
The lawsuit went on to allege yet another woman, Aracely Garcia, transported the illegal drugs to “murder baby Silva” in July 2022, a month after the U.S. Supreme Court officially overturned Roe v. Wade.
“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.” explained the lawsuit.
As the legal representation for Mr. Silva and an active member of the Texas House of Representatives, Briscoe Cain explained to Fox 29 that the Texas law allows such lawsuits for any people who distribute or manufacture the abortion pulls that end up being used by Texas residents.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” stated Cain. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
Cain stated that the legal team working for Silva plans to sue the manufacturer of the abortion pill when their identity is released.
As explained by court filings, under the new law of Texas, any person who helps any pregnant woman in getting a self-managed abortion has committed the crime of capital murder and can be sued for wrongful death.
Silva did not name his wife within the suit, explained Axios, citing the laws of Texas that exempt the pregnant woman from prosecution.
Court records reported one outlet, The Texas Tribune, express that Silva’s wife filed for divorce back in May of 2022, with the official finalization happening in February 2023.
Text messages that were shown in the lawsuit highlighted how Silva’s wife worried that her former husband would “use it against me.”
“I know either way he will use it against me,” explained the pregnant woman. “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 message response from one of ms. Silva’s friends agreed, stating, “I just worry about your emotional state and he’ll be able to snake his way into your head.”
Silva was also encouraged to delete the text conversations, Axios reported.