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
?
@realDonaldTrump
 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!
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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.
https://www.foxnews.com/us/illegal-immigrant-found-not-guilty-
for-kate-steinles-murder-wants-gun-conviction-dropped