Conviction overturned for undocumented immigrant charged in death of Kate Steinle

[Demovictory9]

This discussion thread was locked as off-topic by JudyM (a host of the Latest Breaking News forum).

Source: abcnews

The lone conviction for an undocumented immigrant whose actions resulted in the shooting death of a 32-year-old woman in 2015 has been overturned by an appellate court in California.

A jury acquitted Jose Ines Garcia-Zarate, 46, in 2017 of first degree murder, second degree murder, involuntary manslaughter, and assault with a semiautomatic firearm for his role in the death of Kate Steinle.

Garcia-Zarate was convicted, however, on the charge of felon in possession of a firearm.

During jury deliberations, jury members asked the court for the definition of possession and if there was a time requirement for possession. The defense argued during the appeal that the trial court failed to instruct the jury that it could acquit Garcia-Zarate because he only possessed the gun for a moment.

On Friday, the First Appellate Court of Appeals in California, in a 3-0 decision, agreed with that defense.

Read more: https://abcnews.go.com/US/conviction-overturned-undocumented-immigrant-charged-death-kate-steinle/story?id=65313527

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Rightwing talk radio tried and convicted this guy as an example of a criminal "illegal alien".

[underpants]

1. Trial not trail ABC. These, to me, are the key factors.

“Viewing the evidence in the light most favorable to the defense, as we must, we conclude the trial court erred in failing to give the momentary possession instruction. Because the error was prejudicial, we are compelled as a matter of law to reverse,” the court’s opinion says.


The defense successfully argued during his trail that the gun was wrapped in rags, which he picked up when it fired accidentally. He then, the defense said, threw it in the water so it would stop firing, according to court documents.

[riversedge]

2. Dec 1, 2017, 8:45 AM Trump blasts verdict after undocumented man acquitted in pier shooting)

I am sure Trump will tweet about this shortly.



https://abcnews.go.com/US/donald-trump-blasts-guilty-verdict-murder-kate-steinle/story?id=51507674


Trump blasts verdict after undocumented immigrant acquitted in shooting of Kate Steinle

By
mark osborne

Dec 1, 2017, 8:45 AM ET
................................


President Donald Trump lashed out Thursday night at a not guilty ruling in a murder trial he had used to argue against illegal immigration.


Jose Ines Garcia Zarate, an undocumented immigrant, was found not guilty of first-degree murder, second-degree murder and manslaughter. He was convicted on a lesser charge of being a felon in possession of a firearm.
Jury finds undocumented immigrant not guilty of murder of Kate Steinle
Kate Steinle's family sues federal agencies after alleged murder by undocumented immigrant

Garcia Zarate admitted to picking up a gun on a San Francisco pier in 2015, and said it accidentally went off striking and killing 32-year-old Kate Steinle, according to The Associated Press. The prosecution argued he carelessly handled the weapon, which the Bureau of Land Management said previously was stolen from an agent's vehicle.

Trump repeatedly referred to the shooting on the campaign trail in 2015 and 2016 as an argument for building a border wall between the United States and Mexico and becoming tougher on illegal immigration. Garcia Zarate had been deported to his native Mexico previously multiple times and had just gotten out of jail after a drug charge was dismissed.

San Francisco is a so-called sanctuary city and does not notify Immigration and Customs Enforcement (ICE) when an undocumented immigrant is detained. ..................

Link to tweet

?s=20

[PSPS]

4. and trump still wants the non-white "Central Park Five" to be executed despite their being innocent

[Demovictory9]

5. This was one of those cases where rightwingers wanted blood, no matter the facts

they preferred to think that he picked up a gun to purposely shoot the victim. Evidence seem to show that the gun fired by accident but I'm still surprised he wasn't convicted of first degree. the justice system works against the powerless.

[regnaD kciN]

3. I assume the MAGAts will be foaming at the mouth once again...

...and calling for more action against sanctuary cities.

I also note the SFPD is blasting the verdict...of course, this is the same SFPD that publicly celebrated Dan White walking on the murder of Harvey Milk.

[JudyM]

6. Locking.

Remember to check for dupes before starting any thread in LBN... it was posted earlier by another DUer: https://www.democraticunderground.com/10142362175
Please continue discussion at that DUer’s thread.