The lawyer for the undocumented immigrant who was found not
guilty in November 2017 for the 2015 fatal shooting of a woman
on the San Francisco pier-- but convicted for illegally
possessing a weapon-- has appealed the conviction, arguing that
he had fired the gun by accident and "momentary possession" of a
gun is not a crime.
Jose Ines Garcia Zarate, 46, a previous felon and undocumented
immigrant who served nearly two years for felony re-entry into
the U.S. from Mexico, was sentenced to three years in prison for
the gun conviction while he awaits deportation.
In July 2015, Kate Steinle, 32, was walking on San Francisco
pier with her father when a bullet ricocheted off the pier’s
concrete floor and fatally struck her in the back. Garcia Zarate
was reportedly holding the gun after it "unexpectedly" went off
and threw it in the bay, prosecutors said.
Garcia Zarate was acquitted of murder, manslaughter and assault
charges, but convicted of illegally possessing a firearm. The
case sparked a national fervor about illegal immigration run
amok, with President Donald Trump calling the verdict “a
complete travesty of justice.”
Donald J. Trump
The Kate Steinle killer came back and back over the weakly
protected Obama border, always committing crimes and being
violent, and yet this info was not used in court. His
exoneration is a complete travesty of justice. BUILD THE WALL!
3:03 AM - Dec 1, 2017
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The San Francisco Chronicle reported that Garcia Zarate’s
lawyer, Cliff Gardner, filed a motion on Friday with the First
District Court of Appeal in San Francisco, asking the court to
overturn his client’s conviction and order a new trial because
Superior Court Judge Samuel Feng did not instruct the jury that
“momentary possession” of a gun is not a crime, and the jury had
no choice but to convict Garcia Zarate.