Texas man accused of secretly giving abortion medication to pregnant woman faces historic charges, prosecutors

Texas man facing unique Texas abortion charges

A Montgomery County man is facing felony charges in what prosecutors say may be the first prosecution of its kind under Texas’ abortion statute. 

MONTGOMERY COUNTY, Texas - A Montgomery County man is facing felony charges in what prosecutors say may be the first prosecution of its kind under Texas’ abortion statute.

Man accused of secretly giving abortion medication to pregnant woman

FOX 26 first reported on the case back in February after investigators accused 25-year-old John Ruben Demeter of secretly giving abortion medication to a pregnant woman without her knowledge or consent.

During a Wednesday press conference, Montgomery County District Attorney Mike Holley announced Demeter had been indicted on charges of illegal performance of an abortion and injury to a child.

Officials say both charges are first-degree felonies punishable by five years to life in prison.

"We believe this is the first time in the state of Texas it has been used to prosecute anyone in the state," Holley said while discussing the abortion statute.

Prosecutors stressed repeatedly that the case does not involve a consensual abortion.

Instead, investigators allege Demeter secretly administered abortion medication to the woman, causing the death of her unborn child.

Demeter remains presumed innocent unless proven guilty in court.

Investigation details:

According to investigators, the case began on February 21 after the woman sought medical attention and told authorities she believed she had been given abortion medication without her knowledge.

Sheriff Wesley Doolittle said investigators later determined Demeter allegedly obtained abortion medication online and had it shipped to his home.

Authorities say investigators believe the medication was crushed and mixed into a drink.

Investigators say the unborn child, identified by officials as Presley May, was approximately 14 weeks along.

Demeter was arrested on February 23 and has remained in the Montgomery County Jail since that time.

Why the case is unusual:

Holley acknowledged the prosecution raises unique legal questions because of how Texas’ abortion statute is being applied.

The district attorney said prosecutors debated several potential charges before ultimately deciding the abortion statute most directly addressed the allegations.

Defense attorney Rick DeSoto, who is not connected to the case, told FOX 26 the issue of consent could become central moving forward.

"In this case, it’s basically an assault where a person is causing serious bodily injury or death to a fetus… without their consent, without them knowing about it," DeSoto said.

DeSoto also said legal and political divisions surrounding abortion laws could complicate jury selection and future appeals if there is a conviction.

What's next:

Court records show the case is assigned to the 221st District Court.

Prosecutors say Demeter’s next court appearance is scheduled for Thursday afternoon.

Officials also say the investigation into how the abortion medication was allegedly obtained remains ongoing.