A fence
Representation. A prison fence. vero_vig_050/Pixabay

KEY POINTS

  • Attorneys for Natalia Harrell filed an unusual motion on behalf of her fetus
  • They claim that her unborn child hasn't committed any crime so it should not be in jail
  • Harrell faces a second-degree murder charge for fatally shooting a woman in 2022

A 24-year-old pregnant Florida woman charged with fatally shooting a mother of three in an Uber in 2022 is requesting to be released from jail because her unborn child did not commit any crime.

Attorneys for Natalia Harrell filed an unusual motion on behalf of her fetus, arguing that it hasn't been charged with an offense so it should not be in jail, the New York Post reported.

"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 asserted.

Harrell's child, it argued, is receiving inadequate prenatal care inside prison and is unlawfully being locked up.

Her lawyers argued that the fetus should be released pending trial — which would mean that Harrell, who is facing a second-degree murder charge, would be out of jail.

Miami-Dade Corrections officials are expected to respond to the filing this week.

A recently released video showed the moment Harrell fatally shot Yvette Borcela inside an Uber while they were traveling with five other people after a night of partying in Miami last July.

Harrell's attorney, William Norris, claimed that his client shot the 28-year-old mom of three because she feared for the safety of her baby after Borcela allegedly lunged at her during the argument.

Harrell was with a group of men at a South Beach nightclub who asked her if they knew anyone who would like to join their group.

Borcela was invited, but she soon irritated Harrell after she began to "drink and dance" excessively. Later on, she asked one of her friends to "get her girl under control."

The video showed that the pair started their argument in the backseat of an Uber after the group left the nightclub around 2 a.m. Harrell climbed into the middle row of the vehicle as the Uber driver watched the fight in his rearview mirror.

At one point, Borcela appeared to reach for Harrell, who shoots her once in the stomach.

The Uber driver then pulled over before everyone scrambled out of the vehicle, except for Borcela. She was rushed to a hospital where she was pronounced dead.

A gavel
Representation. The gavel of a judge. sergeitokmakov/Pixabay