“She stated that she then began to suspect that something had been placed in her drink and that it may have been some kind of abortifacient medication,” the affidavit states.
Earlier this month, a Harris County grand jury indicted Herring, 38, with assaulting a pregnant woman – his wife and the mother of their two children. It’s unclear how far along Herring’s wife was with her third baby when she went to the hospital in March. The incident happened about six months after the Texas Heartbeat Act took effect. One of the nation’s most restrictive bans, the law essentially blocks all abortions after six weeks by allowing citizens to sue anyone who helps someone get one after that time, whether it’s the doctor performing the procedure or the driver. providing transportation. at the clinic.
Herring’s attorneys, Dan Cogdell and Nicholas Norris, did not immediately respond to a request for comment on Sunday. In a statement to KTRK, Cogdell said they “look forward to our day in court and are deeply confident that we will prevail in court when the time comes to defend these allegations.”
The Texas abortion ban has created a “vigilante” loophole. Both parties rush to enjoy it.
The Herrings’ 11-year marriage was strained before either of them found out about the pregnancy, a Houston Police Department investigator wrote in an affidavit. In February, Herring told his wife he wanted to separate and move out, although he agreed to go to couples therapy, the investigator wrote.
Shortly after, the woman learned she was pregnant, he added. On March 8, she told Herring about it during a couples counseling session, the affidavit states. She would later describe her husband’s reaction as “negative” and tell police he sent her text messages saying he was unhappy with the pregnancy and didn’t know what to do, according to the affidavit.
Herring said “it would ruin his plans and make him look like a fool,” the affidavit states.
The Herrings’ couples counselor suggested they temporarily reconcile by spending spring break with their two children, aged 6 and 2 at the time.
The herrings did. During that week in mid-March, Herring began talking about his wife’s hydration, telling her she needed to drink more water, the affidavit states. Then, around 8 a.m. on March 17, he reportedly brought her breakfast with the cup of water. It led to a day of symptoms that forced her to go to the emergency room, where the bleeding continued, according to court documents. She returned home that evening.
Over the next week, Herring attempted to give him four more drinks, the affidavit states. Suspicious, she drank none, noticing “an unknown substance” on three and a broken seal on the fourth—a bottle of orange juice.
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About a month later, on April 20, Herring’s wife invited two people to her home as “witnesses” to her husband’s planned visit, the affidavit states. Herring arrived that morning to take their children to school, and even though she had two drinks in front of her, he allegedly attempted to give her another. The wife told police she and her two confidants all saw “an unknown substance” floating inside.
The next day, Herring brought another drink, this time from a Sonic fast food joint, according to the affidavit. Again, his wife told investigators she noticed an unknown substance. Again, she didn’t drink it.
On April 24, the wife watched CCTV footage, noticing that Herring had cleaned up his truck and brought the trash to the sidewalk, which she described as irrelevant, the affidavit states. After she left, she inspected the trash can and discovered open packages of “Cyrux”, police said. She learned it was a Mexican version of the American-made Cytotec, whose main ingredient is misoprostol, which she knew could be used to induce abortions, according to the affidavit.
On April 26, Herring reportedly returned. While there, his wife saw him making a drink in the kitchen, the affidavit states. She watched him take a plastic bag out of his pocket, empty its contents into liquid, and finally serve the drink to his room, according to the affidavit.
The next day she reported what had happened to the police.
The Houston Police Department investigator viewed surveillance footage that showed Herring clearing trash from his truck, the affidavit states. The investigator also saw video of Herring allegedly taking a plastic bag out of his pocket and emptying its contents into liquid. The herring then added cranberry juice and water to the concoction, the affidavit states.
Herring’s wife also gave the investigator photos of the different drinks, and he saw “an unknown substance” in each of them, according to the affidavit.
Officials sent samples of six of the drinks the woman had saved and then given to police to an Oklahoma lab, Harris County District Attorney Anthony Osso said, according to KTRK. At least two have tested positive for misoprostol, the station reported.
The woman gave birth to a slightly premature baby, who is healthy and doing well, Osso said, according to KTRK.