A pregnant woman charged with fatally shooting a fellow Uber passenger last year said she should be released from prison, arguing that her unborn child is innocent of all crimes.

Natalia Harrell was six weeks pregnant when she shot and killed 28-yera-old Gladys Yvette Borcela in Florida in July last year. Video released earlier this month shows her gunning down Borcela inside their rideshare, in which they were traveling with five other people during a night of partying in Miami.

In a new emergency petition, Harrell’s attorney William Norris, argued that detaining his client’s unborn child at Turner Guilford Knight Correctional Center is a violation of his rights guaranteed by the U.S. and Florida constitutions, NBC 6 reported.

“An unborn child is a person,” said Norris, who is also representing the unborn child. “A person has constitutional rights and one of them is the right not to be deprived of liberty without due process of law.”

What’s more, the filing alleges the fetus has not received proper prenatal care while Harrell has been held without bond. Norris also accused officials of leaving the fetus “in such [an] inherently dangerous environment by placing the unborn child in close proximity to violent criminal offenders.”

According to documents obtained by the Miami Herald, the unborn baby has also been the victim of negligence, including one particular instance when Harrell was transported by van with temperatures exceeding 100 degrees.

Borcela’s mother, in an impassioned Facebook, post railed against the request.

“Natalia Harrell Killed My Daughter, And Now Is Trying To Get A Get Out Of Jail Free Card,” she wrote. “Where Is The Justice In Miami Florida Dade County!! I Will Not Fall I Will Not Fail Till This Is Resolved #JusticeForGigi.”

According to a police report obtained by Law & Crime, the deadly shooting last summer was sparked by a quarrel that unfolded inside a packed Uber. Authorities said a group of men drinking at the Clevelander South Beach Hotel and Bar made conversation with Harrell and another woman, who called Borcela and invited her to join them at another spot.

“Victim Borcela began to drink and dance which according to [a witness], upset Suspect Harrell,” police said. “Suspect Harrell began to text [the other woman] telling her to ‘get her girl under control.’”

Tensions escalated into deadly violence shortly after they all crammed into their Uber.