Lizelle Herrera, the woman who drew national attention when she was arrested Thursday and charged with murder after authorities said she “caused the death of an individual by self-induced abortion,” said a Texas district attorney on Sunday that he will file a motion to dismiss the indictment against her.

District Attorney Gocha Allen Ramirez, who serves the counties of Starr, Jim Hogg, and Duval, stated in a statement that “it is evident that Ms. Herrera cannot and should not be prosecuted for the accusation against her.”

Ramirez said he told Herrera’s attorney on Saturday that he planned to file the motion for dismissal on Monday.

Calixtro Villarreal, Herrera’s lawyer, declined to comment.

“Prosecutorial discretion resides with the District Attorney’s office, and a prosecutor’s duty in the State of Texas is to do justice,” Ramirez stated in his statement. Following that oath, the only proper course of action, in this case, is to drop the charge against Ms. Herrera right now.”

It’s unclear if Herrera, 26, is accused of performing an abortion on herself or assisting someone else in doing so.

Herrera was detained on Thursday and kept in the Starr County Jail in Rio Grande City in lieu of a $500,000 bail until Saturday when she was freed and hired legal representation. Activist organizations have condemned Herrera’s detention and are raising funds for her legal bills.

Ramirez refrained from criticizing the Texas cops for the arrest in the first place.

“After analyzing this case, it’s apparent that the Starr County Sheriff’s Department did its job in investigating the event that was brought to their attention by the reporting hospital,” he stated. “Ignoring the occurrence would have been a betrayal of their responsibilities.”

Last year, Texas approved legislation prohibiting abortions for women as early as six weeks into their pregnancy and allowing private citizens to sue anybody who assists a person in having an abortion, including physicians, for up to $10,000 in damages if their lawsuit is successful. Pregnant women are immune from prosecution under the law.

Another state legislation, approved last year, bars doctors and clinics from dispensing abortion medicine beyond the seventh week of pregnancy and prohibits the pills from being sent by mail.