The woman had been charged with abuse of a corpse after she gave birth at a San Antonio Whataburger restaurant.
SAN ANTONIO — A woman who was charged in December in connection with the death of her fetus has been released from jail, and her court case has been dismissed.
She had been held in the Bexar County Jail under a bond of $100,000 and was charged with abuse of a corpse.
There was insufficient evidence to proceed, according to court records obtained by KENS 5.
The woman gave birth to a stillborn baby in a northeast Bexar County fast food restaurant’s bathroom at the corner of FM 78 and Walzem Road on Dec. 19, 2024.
A manager told deputies that a woman had come into the building around midnight, but that at about 2 a.m., she went into the bathroom and sequestered herself behind a locked door for several hours.
The manager told investigators they tried to give the woman help and gave her water but she wouldn’t leave the restroom.
After several hours, the manager called 911 out of concern for the woman.
An affidavit stated firefighters found a baby in a toilet, still enveloped in its amniotic sac. They freed the baby and began immediate efforts to revive the little girl.
The affidavit said both the mom and the baby were rushed to Metropolitan Methodist Hospital, where a doctor pronounced the baby deceased as soon as she arrived.
The affidavit had stated there was probable cause to believe she knowingly damaged the remains of the baby by putting it in the toilet.