A Texas man in Galveston County has filed a wrongful-death lawsuit against three women who conspired with his then-wife to kill his unborn child with abortion pills. The plaintiff, Marcus Silva, is suing Jackie Noyola, Amy Carpenter (née Symmank), and Aracely Garcia for helping Ms. Silva obtain abortion pills through an illegal abortion-pill distribution network. Mr. Silva also accuses the defendants of conspiring with his then-wife to conceal the pregnancy and abortion from him. This is the first-ever wrongful death lawsuit brought by a father whose child was killed by an illegal abortion.
The lawsuit has the potential to halt the manufacture or distribution of abortion-inducing drugs throughout the United States, as it seeks to subject manufacturers and distributors of abortion pills to wrongful-death liability for any drug-induced abortion performed in an anti-abortion state. It will also subject pharmacies such as CVS and Walgreens to liability if they distribute pills that find their way into a state where abortion has been outlawed.
The lawsuit is based on a series of vile and profane text messages among Noyola, Carpenter, and Ms. Silva, in which the trio conspires to obtain abortion pills from an illegal abortion-pill distribution network in Houston. Noyola and Carpenter offered to allow Ms. Silva to use their residences for the murder, and instructed Ms. Silva to destroy the evidence of their crimes, in violation of Texas Penal Code § 37.09(d). Carpenter also sent a text message to the group praising Noyola for her efforts to murder the Silvas’ unborn child, attempting to absolve Ms. Silva of responsibility for the pregnancy and the murder.
The lawsuit also alleges that Noyola conspired with Garcia to obtain the abortion pills in Houston and deliver them to Ms. Silva. When Noyola texted to inform Ms. Silva that the pills were ready for pick up, Ms. Silva responded, “F*** yeah dude.”
The third defendant mentioned in the lawsuit, who provided the abortion inducing drugs, is no stranger to pro-abortion causes. According to one online resume, Aracely Garcia has served with the National Latina Institute for Reproductive Justice as a Field Coordinator from 2018 to present, and a Campus Organizer with Texas Freedom Network from 2014 to 2015.
On the National Latina Institute for Reproductive Justice Instagram account Garcia is prominently featured as a speaker on 19 different flyers, more than any other individual of the flyers featured on their Instagram. Four of these flyers are for “Get to Know Latina Institute” training webinars. On these flyers Garcia was listed as the event host and Digital Organizer. According to the Instagram flyers, Garcia was to host two of these by herself on March 24 and April 21 in 2022. Two other flyers reveal that Garcia also hosted one alongside Education Manager Dinorah Martinez on August 31, 2022 and one alongside National Field Trainer Zelene Suchlit on January 18, 2023 – two prominent leaders in the pro-abortion organization.
On April 12, 2022, the National Latina Institute for Reproductive Justice took part in a panel entitled, “Cafecito” and included filmmakers of On the Divide Maya Cueva and Leah Galant, Peace Is Loud’s Screenings and Outreach Associate Kaitlyn Hamby, Catholics For Choice’s State Policy Associate Marlee Breakstone. Representing the National Latina Institute for Reproductive Justice was Digital Organizer Aracely Garcia and Texas Director for State Policy and Advocacy Nancy Cardenas Pena.
On July 28, 2022, Garcia hosted an event with Martinez called, “How to Talk About Abortion” and on August 17 and September 21, 2022 Garcia hosted an event with Martinez called, “Section 1557: Fighting Discrimination in Healthcare.” Garcia also hosted two events on “Faith and Abortion” with Martinez on September 14 and October 19, 2022. And, on October 26, 2022, Garcia hosted an event for the National Institute for Reproductive Justice called, “The Importance of the Latina/X Vote” with Suchlit. All that being noted, Garcia was not only well known in the organization but also one of the leading faces of the organization to newcomers.
The lawsuit was filed by Briscoe Cain and Jonathan F. Mitchell, along with Thomas Brejcha, Peter Breen, and Marvin Whittaker of the Thomas More Society. Jonathan F. Mitchell was the former Solicitor General of Texas and the architect of the private enforcement mechanism which was used in the Texas Heartbeat Act.
Cain, who also serves as a member of the Texas House of Representatives, warned that Texas law authorizes wrongful-death lawsuits anyone who distributes or manufactures abortion-inducing drugs used by Texas residents, and that Mr. Silva’s legal team will sue everyone involved in the manufacture or distribution of the abortion pills used by Ms. Silva once these individuals are identified in discovery.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
On Thursday, March 16, Attorney Jonathan F. Mitchell sent letters to each of the defendant’s employers – Myrtle Cruz who employs Noyola and Carpenter and the National Latina Institute for Reproductive Justice who employs Garcia.
The letter to Garcia’s employer reads:
We understand that Ms. Garcia is employed in your organization, and she was employed as a field coordinator with the National Latina Institute for Reproductive Justice when she procured the illegal abortion pills that were used in the murder.
We intend to take discovery from the National Latina Institute for Reproductive Justice to determine whether Ms. Garcia acted within the scope of her employment when she participated in the murder of Mr. Silva’s child. 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.
Mr. Silva’s civil suit may be just the beginning of the defendants’ legal troubles. According to Texas Penal Code §§ 1.07, 19.02, 19.06, the defendants also face the prospect of murder charges, as Texas law defines murder to include the intentional killing of an unborn child and assisting in a self-managed abortion. The Galveston County district attorney’s office will decide whether the defendants will face criminal prosecution for their actions.
Mr. Silva is seeking an award against each of the defendants for the wrongful death of his unborn child for over $1,000,000. Mr. Silva is also seeking an injunction against the defendants from distributing abortion pills or assisting in illegal self-managed abortions in Texas, cost and attorneys’ fees, and any other relief the Court finds necessary. Mr. Silva is not bringing any claims against his ex-wife, who is immune from civil and criminal liability under Texas law.
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