After two women assisted his ex-wife in illegally obtaining abortion pills to kill his child, a Texas man has filed a wrongful death lawsuit — the first of its kind under Texas’ trigger law that makes performing an abortion a felony.
Marcus Silva, whose wife illegally obtained abortion pills to kill his unborn child, has filed a lawsuit in the Galveston County District Court.
In the lawsuit, Silva accuses two of his former wife’s friends — defendants Jackie Noyola and Amy Carpenter — of assisting his ex-wife Brittni “in murdering Ms. Silva’s unborn child with illegally obtained abortion pills.”
Noyola and Carpenter allegedly texted Silva’s ex-wife to provide her with information about Aid Access, an international group that distributes abortion pills through postal services.
Silva’s lawsuit also accuses a third woman, Aracely Garcia, of transporting the abortion pills to “murder baby Silva” in July 2022 — one month after the Supreme Court’s historic ruling overturning Roe v. Wade.
BREAKING: Donald Trump responds to Roe v. Wade being overturned.
“A victory for the Constitution, a victory for the rule of law, and above all a victory for life” pic.twitter.com/UZhpp0hoym
— Benny Johnson (@bennyjohnson) June 26, 2022
“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.” the lawsuit states.
Speaking with Fox 29, Silva’s attorney Briscoe Cain — who is also a member of the Texas House of Representatives — stated that the state’s trigger law authorizes these lawsuits against anyone who distributes or manufactures abortion pills used by Texas residents.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain explained.
The attorney also issued a warning for pharmacies that plan to sell these drugs, noting that these rules also apply to them.
“That includes CVS and Walgreens if their abortion pills find their way into our state,” Cain added.
He went on to note that Silva’s legal team also plans to sue the manufacturer of the abortion pill used to kill his child as soon as the identity of the company becomes known.
The court filings indicate that, under Texas law, an individual who assists a pregnant woman in obtaining a self-managed abortion has committed the crime of murder, and thus can be sued for wrongful death.
Silva’s wife was not named in the lawsuit, as the pregnant woman who ends the life of her unborn child is exempt from prosecution.
According to court records obtained by The Texas Tribune, Silva’s wife filed for divorce in May 2022, and the process was finalized in February 2023.
In text messages attached to the lawsuit, Silva’s now ex-wife expressed concern that her former husband would “use it against me.”
“I know either way he will use it against me,” she wrote. “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.”
One of her friends agreed with this assertion, writing: “I just worry about your emotional state and he’ll be able to snake his way into your head.”
They also encouraged her to delete the text conversations, according to Axios.
Texas’ trigger law labels performing abortion as a crime punishable by up to life in prison — but the law did not go into effect until August 2022, which is one month after Silva’s ex-wife committed the crime, calling into question the legality of the case.
Speaking with Fox 29, Joe Pojman with Texas Alliance for Life noted that the lawsuit 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,” 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, a law professor at South Texas College of Law, told ABC he believes that Silva’s lawsuit has a chance to succeed.
“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 stated. “Obviously, the allegations would have to be proven, but there is potentially merit to this suit under Texas’ abortion laws as they exist now.”
Of course, radical pro-abortion activists are angered over the lawsuit — and over Texas’ decision to make abortion illegal.
Sunsara Taylor, with left-wing group RiseUp4AbortionRights.org, claimed in a statement to ABC that the action violates women’s fundamental rights — blaming it on “Christian fascist movements.”
“It’s always just been a matter of time,” the left-wing activist 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,” Taylor continued, adding that she believes more prosecutions for abortion will follow.
Silva is reportedly seeking over $1 million in damages in his lawsuit.