A man in Texas has filed a lawsuit against three of his ex-wife’s friends who helped her obtain abortion pills which are illegal in Texas. He is suing them in a wrongful death suit. It will be the first case of its kind in Texas. Plaintiff Marcus Silva filed the lawsuit in the Galveston County District Court last week, accusing two of her friends of helping his ex-wife obtain the pills that killed his child. The third woman is being sued for transporting the pills to his ex.
He is alleging two of his former wife’s friends — defendants Jackie Noyola and Amy Carpenter helped his ex Brittini in gaining possession of the illicit pills. The lawsuit also names a third woman, Aracely Garcia, who is accused of delivering the pills to the ex-wife.
The lawsuit reads:
“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.”
Briscoe Cain, an attorney for Mr. Silva and member of the Texas House of Representatives explained to Fox News that Texas law forbids anyone from manufacturing or distributing these pills within the state of Texas. Cain said anyone manufacturing or distributing those pills in Texas will be sued into oblivion and that includes CVS and Walgreens if their abortion pills find their way into our state. The only person shielded by law is the pregnant woman, all others are fair game.
Court records reported by The Texas Tribune show that Silva’s wife filed for divorce in May 2022, with the finalization happening in February 2023.
Text messages attached to the lawsuit, Silva’s wife worried that her former husband would “use it against me.”
“I know either way he will use it against me,” the pregnant woman said, according to text messages attached to the complaint. “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 text message from one of Ms. Silva’s friends agreed, saying, “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.
Texas passed a trigger law making performing an abortion a crime punishable by up to life in prison, ABC reported. The law, however, did not go into effect until August 2022, which makes the legality of the case controversial.
Joe Pojman with Texas Alliance for Life told Fox 29 that the legal action could set 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. 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, a South Texas College of Law law professor, told ABC:
“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. Obviously, the allegations would have to be proven, but there is potentially merit to this suit under Texas’ abortion laws as they exist now.”