Husband Sues Three Women for Assisting His Wife to Abort Child

When Marcus Silva discovered he impregnated his wife, he was a happy man. He eagerly awaited the day his new little bundle of joy would be born into this world.

But something deeply disturbing occurred. Something that broke his heart into tiny pieces.

After the discovery of the problem, Marcus Silva is now a very unhappy husband. He is red hot.

So what set Marcus off in such an unpleasant way? Because other women put their smelly noses into his sex life with his wife. This is where the troubling story began. Women helping other women to satisfy their harsh stances and beliefs contrary to human nature and the law.

Silva’s world turned upside down when he discovered that the other women in his wife’s life had convinced her to have an abortion!

Outraged, Silva filed a lawsuit against the women, accusing them of helping his ex-wife to induce a self-managed abortion. He is asking for $1 million in damages.

Silva’s lawsuit identifies the following women he is suing for assisting his wife to abort his child: Aracely Garcia, Jackie Noyola, and Amy Carpenter.

The 14th Court of Appeals has ruled that the trial court’s order to produce evidence under a subpoena would infringe upon Fifth Amendment rights against self-incrimination and has therefore blocked its release.

Attorneys have evidence to prove that the popular pills called Mifepristone most likely were used to assist Ms. Silva in aborting the unborn child.

pills used to abort child

Incriminating Text Messages

The lawsuit claims that the friends communicated with the woman, sharing details about Aid Access, a global organization that offers abortion-inducing medications by mail.

Multiple text messages revealed their apparent effort to obtain the medication in Houston, their place of residence. It is alleged in the lawsuit that a third woman delivered the medication, with text messages suggesting that the woman should self-administer an abortion at her residence. The women’s text messages discussed two pills used in chemical abortion, Misoprostol and Mifepristone.

The defendants could not be immediately reached for a response. Court records indicate that Silva’s wife initiated divorce proceedings in May 2022, two months prior to the reported abortion, with the divorce finalized in February. According to the lawsuit, they have two daughters.

As evidence goes, the lawsuit relies heavily on screenshots from a group chat the ex-wife had with two friends seemingly seeking to help her terminate her pregnancy. Her friends expressed concern that Silva would “snake his way into your head.”

For example, “I know either way he ( Marcus Silva) 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.”

“Delete all conversations from today,” one of the women later told her. “You don’t want him looking through it.”

Attorneys Fight Against Pro-abortion Women

Ultra-Conservative Texas State Rep. Briscoe Cain is Fired Up to Win Abortion Case Photo by Reddit

Briscoe Cain. TxStateAlum17, CC BY-SA 4.0, via Wikimedia Commons
Briscoe Cain. TxStateAlum17, CC BY-SA 4.0, via Wikimedia Commons

According to the Texan News, State Representative Briscoe Cain and former Texas Solicitor General Jonathan Mitchell represent Silva.

Brittni Silva, Marcus Silva’s ex-wife, is not directly involved in the lawsuit. But attorneys will call her to testify.

The lawsuit accuses the chat room women of allegedly obtaining the abortion pills, claiming they conspired to “murder baby Silva with abortion pills,” and if the lawsuit is won they’ll be liable for the unborn’s death.

Silva’s attorney expressed confidence in the Texas Supreme Court.

“She faces no criminal liability under either Texas or federal law. Moreover, her lawyers never produced a privilege log as is required by the Texas Rules of Civil Procedure. I am confident that the Texas Supreme Court will correct the appellate court’s mistake,” Cain told The Texan.

Previous Roe vs Wade Statute

Under the Texas pre-Roe statute, a woman was considered the victim, not the perpetrator during an abortion. This same argument was presented in Dobbs v. Jackson, which said, “Texas courts had determined that the statutes against abortion did not apply to conduct committed by the mother, whether that conduct involved soliciting and hiring an abortionist to perform the abortion or whether she did it herself.”

In the civil suit, as mentioned, Mr. Silva is seeking $1 million from the defendants named in the wrongful death lawsuit. He also seeks the restraint of each of the women “from distributing abortion pills or assisting in illegal self-managed abortions in Texas.”

Insufficient Evidence

Galveston County District Attorney Jack Roady rejected abortion criminal charges against Ms Silva.

Galveston County District Attorney Jack Roady. image via LinkedIn
Galveston County District Attorney Jack Roady. image via LinkedIn

After the civil lawsuit was filed on March 9, 2023, Galveston County District Attorney Jack Roady stated on March 22 that his office “determined there wasn’t sufficient admissible evidence to proceed with a criminal case.”

In the following months, Ms. Silva was served with notices of subpoena concerning the civil suit. Ms. Silva filed countermotions to contend she should not have to comply with the subpoena requests.

Silva’s attorneys made requests for evidence regarding communications and records that led to the possession of the “abortion-inducing drugs,” and “all abortion-inducing drugs” in Ms. Silva’s “possession, custody, or control.”

In September 2023, Silva filed a motion to force his wife to comply with the issuance of a subpoena. Then in October, the court granted Silva’s motion, meaning the wife was ordered by the court to bring evidence to court. Subsequently, in November, she filed a petition to suspend the enforcement while the initial petition was being addressed.

Once the dust settled the court mandated Ms. Silva to produce the evidence as required by the subpoena; undeterred, she contested this ruling as well.

More action followed in October 2023, when a countersuit was filed by the three women represented by attorney Rusty Hardin.

The countersuit claims Silva “is not and was not morally opposed to Brittni’s actions.”

The evidence in the countersuit alleged Mr. Silva had previously found the abortion pill in Ms. Silva’s purse but did not confront her about it and that he “put the pill back” and, yet instead, “wanted to obtain evidence he could use against her if she refused to stay under his control, which is precisely what he tried to do.”

“Abortion activists have tried to alienate Mr. Silva from his friends,” Cain told The Texan. “He’s been confronted in public. He’s had people throw baby dolls in his yard. And he is constantly attacked online and on social media. Their goal is obvious – make him quit and give up the fight for his murdered child.”

A trial is set to start in Galveston state court on May 13. Expect a big Texas shootout if the case goes to trial.

Contributing reporter CJ Walker can be reached at [email protected]

Clarence Walker
As an analyst and researcher for the PI industry and a business consultant, Clarence Walker is a veteran writer, crime reporter and investigative journalist. He began his writing career with New York-based True Crime Magazines in Houston Texas in 1983, publishing more than 300 feature stories. He wrote for the Houston Chronicle (This Week Neighborhood News and Op-Eds) including freelancing for Houston Forward Times.Working as a paralegal for a reputable law firm, he wrote for National Law Journal, a publication devoted to legal issues and major court decisions. As a journalist writing for internet publishers, Walker's work can be found at American Mafia.com, Gangster Inc., Drug War Chronicle, Drug War101 and Alternet.His latest expansion is to News Break.Six of Walker's crime articles were re-published into a paperback series published by Pinnacle Books. One book titled: Crimes Of The Rich And Famous, edited by Rose Mandelsburg, garnered considerable favorable ratings. Gale Publisher also re-published a story into its paperback series that he wrote about the Mob: Is the Mafia Still a Force in America?Meanwhile this dedicated journalist wrote criminal justice issues and crime pieces for John Walsh's America's Most Wanted Crime Magazine, a companion to Walsh blockbuster AMW show. If not working PI cases and providing business intelligence to business owners, Walker operates a writing service for clients, then serves as a crime historian guest for the Houston-based Channel 11TV show called the "Cold Case Murder Series" hosted by reporter Jeff McShan.At NewsBlaze, Clarence Walker expands his writing abilities to include politics, human interest and world events.Clarence Walker can be reached at: [email protected]