Keeping America Safe / Politics

Feds Are Going After Kate Steinle’s Killer After California Drops The Ball

Federal prosecutors on Tuesday accused the California state court system of providing “sanctuary” to the illegal alien who fatally shot Kate Steinle in San Francisco in 2015.

David Anderson, the U.S. attorney in San Francisco, issued the scathing statement in response to a California appeal’s court decision on Friday to overturn a gun possession conviction against Jose Inez Garcia-Zarate, a 48-year-old Mexican national who admitted to holding the gun that killed Steinle.

Garcia-Zarate was convicted on state charges on Nov. 28, 2017, on one count of felony possession of a firearm in connection with Steinle’s July 1, 2015 death. He was acquitted on first-degree murder, second-degree murder, and manslaughter charges at the trial.

A federal grand jury indicted him on Dec. 5, 2017, on a charge of felony possession of a firearm by a felon, and for felony possession of firearm possession by an illegally present alien.

Anderson reiterated on Tuesday that the federal charges against Garcia-Zarate remain in effect.

“The state-court ruling has no legal effect on the federal prosecution, which will continue,” Anderson said. “A repeatedly deported, previously convicted felon has no right to possess a firearm under federal law, even if California extends him sanctuary.”

The case touched off a national debate over illegal immigration and so-called “sanctuary” policies, in which some cities and counties refuse to cooperate with federal agencies when handling illegal immigrants.

Garcia-Zarate had been deported five times from the U.S. back to his native Mexico in the years preceding Steinle’s death. The San Francisco sheriff’s office had released him from county jail several months before the shooting but had declined to notify U.S. immigration authorities of his release.

The 1st District Court of Appeals acknowledged in its decision on Friday that Garcia-Zarate was holding the gun that fired and hit Steinle. But the court said that Garcia-Zarate holding the gun did not necessarily constitute possession of a firearm, and that the judge president over the trial had failed to provide a jury with instructions regarding the principle of “momentary possession.”

“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 said.

Reprinted with permission from - Conservative Daily News - by Chuck Ross

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Jack Thomas
3 years ago

This travesty of justice by the California court could not be more insulting to both the Steinle family and to the rule of law. The exoneration of the defendant, Garcia-Zarate, on first and second-degree murder charges is an absolute outrage! It flies in the face of moral reasoning (on which our entire justice system is based). The California state court has played a dangerous game of semantics, twisting the facts to suit a polarized political climate, thus creating a precedent which will likely affect other cases of criminal gun possession by illegal aliens. The U.S. attorney for San Francisco should be commended for pursuing Garcia-Zarate for the same crime. Whether “double jeopardy” will be a factor in any federal prosecution is another question. Kate Steinle and her family deserve closure, and they deserve justice.

Marguerite Roberts
3 years ago
Reply to  Jack Thomas

A sad situation for this country to have sanctuary cities and States especially since the last Fraud President wanted to wreck this country and his political group plus Hillary and they just about did. But look at the members of Congress men and women I was under the opinion that citizenship to be an American if you were not born here, you had to vow and accept the laws of this country and now ou have mostly women who has lied about loyalty,but I guess 8 yrs of Obama has changed everything , but thank God for President Trump is trying to save America. I am 86 and I prayed to God that I not die until I see all the politians get their due punishment in jail for YEARS.

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