A Bexar County District Court has dismissed the charge against Mallori Patrice Strait, a woman who was accused of trying to flush a fetus down a toilet in a Whataburger restroom. The dismissal, credited to insufficient evidence, was rendered after examination of court records made accessible to journalists. According to KSAT, the Bexar County District Attorney’s Office filed a motion to dismiss the charge on May 14, which the court accepted.
Strait, 33, faced charges of abuse of a corpse without legal authority after a prolonged stay in the Whataburger bathroom, which prompted an investigation by deputies who found human-like material upon their arrival. Strait and the subsequently found fetus were taken to a local hospital, where the fetus was pronounced dead. The medical examiner's report concluded that the fetus had died in utero from "intrauterine fetal demise," refuting initial suspicions that focused on Strait's actions within the restaurant's facilities. According to the DA's office, there was no corroborative evidence that Strait had made an attempt to flush the fetus post-miscarriage.
Strait's attorney echoed the report's findings, stating that she had indeed suffered a miscarriage the day before the incident at the restaurant, which took place on December 18, 2024. As reported by News 4 San Antonio, despite the charges suggesting otherwise, Strait did not engage in the alleged act of flushing the baby down the toilet. This medical context brought clarity to an otherwise unclear and grave accusation.
Further investigation by the medical examiner's office deduced the fetus was non-viable, estimating its gestational period to be five to six months, contrary to the expected period of around 28 weeks. The District Attorney’s office acknowledged the fetus suffered skull injuries, however, such injuries can occur during a miscarriage or birth. The office contended that damage to the fetus's skull was unlikely to have been caused by suction from a toilet. "Both the medical examiner’s office and the district attorney’s office believe the damage to the fetus’s skull could not have been caused by suction from a toilet," as noted by KSAT.
The case, enveloped initially in public concern and legal scrutiny, met its conclusion with the acknowledgment of the natural and tragic circumstances surrounding the event. The non-profit Eagles Flight Advocacy later organized a burial for the baby in January.
