Girl in Uber homicide argues unlawful detention of unborn fetus

In July, Florida police arrested him Natalia Harell for the fatal shooting of Gladys Borcela. Harrell shot Gladys amid an argument in an Uber after partying together in Miami. At the time of the July 23 shooting, the 24-year-old was six weeks pregnant, according to the Washington Post. Natalia’s trial for second-degree murder is reportedly set for April, but an emergency motion filed last week calls for the unborn fetus to be released immediately.

Video: Woman shoots another dead man in an Uber, 07/23/22. The arrested gunman is now eight months pregnant. The lawyer representing the unborn child says the baby’s rights are being violated and wants the child (mother) to be released. Petition submitted on Friday. The video stops before a shot is fired. @wsvn #Exclusive

— Jessica Holly (@JhollyW) February 19, 2023

Natalia’s lawyer, William M NorrisShe argued that the “unborn child” should be released from prison because he was innocent. In addition, the record alleges that prison staff are endangering the fetus by preventing proper prenatal care. Natalia is eight months pregnant. If convicted, the maximum penalty is life imprisonment.

Williams Norris told the Washington Post:

“An unborn child has rights independent of its mother, even if it is still in the womb. The unborn child was deprived of due process in this detention. You just have to factor in the unborn child.”

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Authorities have held Natalia without ties at the Miami-Dade Turner Guilford Knight Correctional Center. The filing claims Harrell’s last OB-GYN visit was in October 2022, per NBC 6 South Florida. In addition, Natalia claims that the prison did not give her vitamins, fluids and nutrients that meet the doctor’s recommendations for fetal development.

And while she was a few months pregnant, Natalia claims prison staff transported her in an unair-conditioned correction van, according to The Washington Post. The temperature inside the van, reportedly in excess of 100 degrees, reportedly prompted Natalia to bang against the walls of the vehicle until a Miami-Dade employee opened a door.

“Our concern at this time is the health of the unborn child as months have passed without prenatal care,” said William Norris Norris.

FL Attorney General Files Motion to Dismiss, Pregnant Woman’s Attorney Files Answer

Harrell’s attorney relies on a habeas corpus, which is used to determine whether an inmate’s detention or incarceration is lawful, according to Cornell Law School.

But Florida Attorney General Ashley Moody didn’t get involved in the argument and responded to the summary motion Monday with a motion to dismiss. The AG’s office argues that Norris did not adequately support its allegation of botched prenatal care and says the legal reasoning in this case is wrong.

The next day, Norris responded to the General Assembly’s motion, according to the Washington Post. The latest filing doubles down on Norris’ argument about the personality of the fetus. Furthermore, Norris argues that since authorities have not charged him with a crime, there is no other legal relief for the fetus.

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Meanwhile, the father of the fetus Michael O’Brien, fully supports Natalia’s release.

“Obviously, I’m concerned about my baby’s health and well-being,” O’Brien told NBC 6 South Florida. “I don’t want the baby to be born prematurely or have a low birth weight.”

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