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

President Trump’s Has Kept His Promises In His First 100 Days

Almost ten months ago, I spoke onstage at the Republican National Convention, ringing in the…

8 hours ago

How Not To Fight a Trade War

This week, the stock market yo-yoed wildly, taking investors on a roller coaster of stunning…

8 hours ago

Donald Trump’s Schedule for Thursday, April 24, 2025

Schedule Summary: President Donald Trump will meet with the prime minister of Norway, sign executive…

8 hours ago

Supreme Court Case Could Spell The End For California’s EV Mandate

The Supreme Court heard oral arguments Wednesday in a landmark case that could spell the…

8 hours ago

Is It Time To Start Thinking Midterms?

Government and politics are a filler between elections, and election seasons get longer as time…

15 hours ago