In the Courts

Court Overturns Conviction Of Five-Time Deported Immigrant Who Shot Kate Steinle

A California court overturned the conviction Friday of a five-time deported homeless illegal immigrant who shot Kate Steinle in 2015.

The 1st District Court of Appeals ruled that the trial judge erred in not giving the jury “the momentary possession instruction,” NPR reported.

“It is undisputed that defendant was holding the gun when it fired. But that fact alone does not establish he possessed the gun for more than a moment. To possess the gun, defendant had to know he was holding it,” the appellate court wrote, according to NPR.

Jose Ines Garcia-Zarate was deported five times before he shot Steinle on a San Fransisco pier in 2015. Zarate was a seven-time convicted felon and Mexican national. Before he shot Steinle, Immigration and Customs Enforcement lodged a detainer for Zarate with the San Francisco sheriff’s office. The office did not honor the request, according to former Acting ICE Director Thomas Homan’s statement.

Steinle’s death ignited national debate over illegal immigration and was a major talking point for President Donald Trump during his campaign.

A jury acquitted Garcia-Zarate of the charge of murdering Steinle in November 2017 but convicted him of being a felon in possession of a gun.

His attorneys argued the shooting was an accident — that Garcia-Zarate found the gun under a bench, accidentally caused the gun to fire, and the bullet ricocheted off the pier and hit Steinle, who was walking about 78 feet away with her father.

Garcia-Zarate himself admitted to firing the shot that killed Steinle at the trial but said it was an accident, saying the gun “went off.”

Under the gun possession conviction, Garcia-Zarate faced three years in prison. He now faces immigration and gun charges. His defense attorney Tony Serra said Garcia-Zarate may be tried locally on a state gun charge, according to NPR.

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org

Mary Margaret Olohan

Share
Published by
Mary Margaret Olohan

Recent Posts

CDC Advisers Align Childhood Vaccination Schedule With Other High Income Nations, Media Melts Down Anyway

Advisors to the Centers for Disease Control and Prevention (CDC) voted 8-3 Friday to recommend…

5 hours ago

Only One Deceased Hostage Remains In Gaza After Hamas Returns Another Dead Body

Only one hostage’s remains are still in Gaza after Israeli authorities said Thai officials confirmed…

5 hours ago

Ilhan Omar Declares Somali Criminals In US ‘Are Not Going Anywhere’

Democratic Minnesota Rep. Ilhan Omar claimed on Thursday that illegal Somali immigrants are protected under…

5 hours ago

Supreme Court Will Decide If Trump Can End Automatic Birthright Citizenship

The Supreme Court agreed on Friday to consider President Donald Trump’s executive order limiting birthright…

5 hours ago

Somali Who Got Probation For Rapes Now Facing Federal Charges

A Somali migrant who entered the country during the Obama administration is facing federal charges…

5 hours ago

Netflix Gobbles Up Warner Bros. In Over $80,000,000,000 Deal

Netflix struck an agreement to acquire Warner Bros. Discovery and many associated assets in a…

6 hours ago