This July 17, 2015, file photo shows flowers and a portrait of Kate Steinle displayed at a memorial site on Pier 14 in San Francisco, Calif. The bullet that killed Kate Steinle two years ago ricocheted off the ground about 100 yards away before hitting her in the back and later launching a criminal case at the center of a national immigration debate.
(AP)
The illegal immigrant and seven-time felon who was acquitted of murder and assault in the 2015 San Francisco fatal shooting of 32-year old Kate Steinle is expected to be sentenced to time served for being a felon in possession of a firearm.
The case sparked national debate over immigration reform and so-called Sanctuary Cities that shield illegals from deportation, of which San Francisco is one.
The felony possession was the only conviction to come out of Jose Ines Garcia Zarate’s trial in November. The jury decided Kate Steinle’s death, the result of a ricochet bullet fired from roughly 100 feet away, was an accident.
(Associated Press)
The felony possession was the only conviction to come out of Jose Ines Garcia Zarate’s trial in November. The jury decided Steinle’s death, the result of a ricochet bullet fired from roughly 100 feet away, was an accident.
The defense has filed a motion to get the conviction dismissed, arguing Garcia Zarate, 45, didn’t know he had a gun in his hand until it discharged, and then he quickly tossed it into the bay.
San Francisco public defender Matt Gonzales says the judge should have instructed the jurors that a momentary possession of a firearm does not meet the requirement for a conviction.
At Friday hearing, Judge Samuel Feng is expected to deny the motion to dismiss, and the defense has promised to appeal.
In the meantime, Garcia Zarate will soon be turned over to U.S. Marshals to face new charges in federal court, under an indictment handed down on Dec. 5.
A federal grand jury has charged Garcia Zarate with being a felon in possession of a firearm and ammunition and being an “illegally present alien” in possession of a firearm and ammunition.
Jose Ines Garcia Zarate will soon be turned over to U.S. Marshals to face new charges in federal court, under an indictment handed down on Dec. 5.
Public defender Matt Gonzales told reporters the new charges are “discriminatory,” and a reaction by administration officials upset over his client’s acquittal of murder and assault.
In federal court, Garcia Zarate will be represented by famed civil rights attorney J. Tony Serra, who has made a career of fighting the federal government.
According to a statement from the public defender’s office, “it is expected that Serra will seek to have the new charges dismissed based on double jeopardy concerns, and the Trump administration’s politically motivated, vindictive prosecution.”
Garcia Zarate could be arraigned as early as next week, on charges that carry a maximum penalty of 10 years in federal prison. Immigration officials have also indicated they plan to deport him for a sixth time.
