The attorney for a pregnant inmate in a Florida jail is arguing for her release on the grounds that her fetus is innocent. Natalia Harrell, 24, allegedly shot and killed mother of three, Gladys Yvette Borcela, 28, while riding in an Uber in Miami last July. Video of the incident released last week shows the moment Harrell allegedly fatally shot Borcela as they traveled with five others during a night of partying.
According to her attorney, William Norris, Harrell shot Borcela because she lunged at her, threatening the safety of her unborn baby, reported the New York Post. Now, Norris argues that the unborn baby is innocent in Borcela's slaying, and should not be imprisoned for a crime it didn't commit. Norris says that the fetus — and consequently, Harrell — should be released pending trial.
The women were partying the night of the shooting.
According to a witness statement, Harrell and a group of friends were partying at the Clevelander Hotel and Bar in Miami's South Beach neighborhood, when some of the men in the group asked one of the woman in the group if she had any friends who would like to join them, Local 10 reported in July.
The woman showed the men Borcela's social media account, and she agreed to meet up with the group. The decision proved deadly.
Harrell became irritated with Borcela.
According to the witness, Harrell did not like the fact that Borcela was dancing and partying and reportedly texted the witness to "get her girl under control," the report stated. The group left the club and boarded an Uber.
The witness noted the two women sat in the third row and began to argue and call each other names. Harrell made her way to the front of the Uber, and began threatening the other passengers, "You don't want this; you don't want me to go in my purse," the report reads.
Harrell fired one shot.
After reportedly warning passengers and waving a gun, Harrell allegedly shot Borcela once, killing her. The Uber stopped, and all passengers exited the vehicle except for Borcela. She was taken to Jackson Memorial Hospital, where she was pronounced dead.
Police tracked Harrell down and arrested her three days later. Harrell was booked into the Miami-Dade Corrections and Rehabilitation Center and held without bond. Officials later charged her with second-degree murder.
Harrell's attorney argues her baby is being denied constitutional rights.
NBC Miami reported that Norris represents the unborn child and says that his client is being denied its rights. "A person has constitutional rights and one of them is the right not to be deprived of liberty without due process of law," the attorney said.
Norris claims that the MDCR has not provided Harrell with proper prenatal care. Therefore, Norris claims, her child is at risk. Harrell is around eight months pregnant.
"I am asserting the right of someone who is a person who has not been considered in the decision to incarcerate his mother," Norris said.
According to the New York Post, Norris believes the State of Florida is at fault. "The State has placed the unborn child in such inherently dangerous environment by placing the unborn child in close proximity to violent criminal offenders," the filing states.
Borcela's family is shocked.
Borcela's mother, Yvette Rivera, posted her outrage regarding the attorney's filing on Facebook. She wants justice for her daughter and her three children. Family and friends contend that many pregnant women have gone to jail or prison and served their sentences, and they do not want Harrell to be an exception.
"She won't be the first woman to give birth in jail/prison she's a cold hearted cold blooded killer she murdered a mother of 3 beautiful children your daughter my old friend she doesn't deserve to be free let alone raise a child or even have children," someone commented on Rivera's Facebook page.
Officials expect a response from the Miami-Dade corrections department this week.
