Natalia Harrell, a 24-year-old girl, had six weeks pregnant when he shot and killed another woman in Miami last July. Now, seven months later, she has made an unusual claim that she should be released pending her trial because she her fetus is illegally detained.
“The unborn child has not been charged with any crime by the State. In addition, the State has placed the unborn child in such an inherently dangerous environment by putting him in close proximity to violent criminal offenders,” notes the appeal filed by Harrel’s attorney, William M. Norris, in the court papers.
Norris argued that the imprisonment of the fetus is a violation of its rights guaranteed by the US and Florida constitutions. In addition, he pointed out that he has not received vitamins or the necessary food for the proper development of the pregnancy.
According to the documents, quoted by the newspaper The Miami Heraldit was also argued that baby deserved to be free from ‘illegal detainer’ and prevent it from reaching the world in a dangerous environment like a cell.
The concept that an unborn child is protected by the Constitution began to take hold after the US Supreme Court struck down the nation’s right to abortion, known as Roe v. Wade, last summer.
What happened the night of the murder
Harrell is indicted for the death of Gladys Yvette Borcela, 28 years old. According to her file, the murder happened after the two had been in a bar with a group of men.
They then all boarded an Uber and while driving from South Beach through the city’s Brickell neighborhood, the women got into an argument and Harrell pulled out a gun and killed Borcela..
A video posted by The New York Post It showed images of the six passengers, three men and three women, plus the driver in a Cadillac Escalade. Harrell and Borcela are arguing, and then Borcela stands up.
“You don’t want this; you don’t want it to go in my bag,” Harrell allegedly told the victim. However, Harrell later pulled out a gun and shot Borcela. When the Uber driver stopped, all the passengers ran out.
Borcela died at the Jackson Ryder Trauma Center from a single gunshot wound on the torso and left arm.
Norris has argued that his client shot Borcela because she lunged at her during the argument and that she feared for the safety of her baby.
Borcela’s mother, Yvette Rivera, fiercely opposes Harrell’s plea. ‘Natalia Harrell killed my daughter,’ she wrote on Facebook. ‘And now she’s trying to get a card to get out of jail,’ she noted.
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All the Republicans in the Senate and the Democrat for West Virginia Joe Manchin voted against the project that sought to shield the right to abortion in the country. It took 11 votes in favor of the 60 that were necessary. Senator Manchin asserted that his decision was made because the legislation was not a codification of Roe v. Wade, but an expansion. Read more here about the Senate blocking the bill to protect the right to abortion in the United States.