California Court Overturns Conviction Of Illegal Alien In Kate Steinle Murder


Here’s the left’s latest dangerous, sickening political stunt:

On Friday, a California appeals court reversed the previous conviction of an illegal alien accused of murdering Kate Steinle in San Francisco in 2015. 

During his campaign for presidency, Trump had blamed the shooting and killing of Steinle on too-lax border security.

Jose Inez Garcia-Zarate – who had been deported back to Mexico 5 times but kept crossing the border illegally – was the sole conviction in the case. 

Needless to say, the appeals court decision is stirring up outrage, as justice for Kate and her family are neglected in favor of decriminalizing crime by illegal immigrants.

Take a look at the news of this shocking ruling that is stirring the pot on Twitter:

Donald Trump Jr. gave his thoughts:

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Fox News has more details on why the court overturned the previous conviction:

A California state appeals court Friday overturned the lone conviction against an undocumented immigrant who shot and killed Kate Steinle on the San Francisco waterfront in 2015, a case that drew national attention and became a flashpoint in the debate over illegal immigration.

Jose Inez Garcia-Zarate, who was in the U.S. illegally and had been deported to his native Mexico five times, was acquitted in November 2017 of first- and second-degree murder, involuntary manslaughter, and assault with a semi-automatic weapon. He was convicted of one count of being a felon in possession of a firearm.

On Friday, the 1st District Court of Appeal in San Francisco overturned that conviction, saying the judge failed to give the jury the option of acquitting Garcia-Zarate on the theory he possessed the weapon for only a moment.

Prosecutors argued that the jury instruction lapse was harmless because Garcia-Zarate admitted firing the gun and experts said he couldn't do so without pulling the trigger. The court disagreed, saying the jury's verdict showed they rejected the prosecution theory that the shooting was intentional or even negligent and they had asked the judge to define possession and whether there was a time requirement for possession.

"These questions go to the heart of the momentary possession defense," Justice Sandra Margulies wrote in the 3-0 decision. "The fact the jury asked whether there was a time requirement for possession suggests jurors were wrestling with how long [the] defendant had the gun."

Garcia-Zarate remained in custody and was facing federal charges of gun possession and being in the country illegally. His attorney, Tony Serra, told The Associated Press that trial is scheduled to begin Jan. 13 and added that the appeals court reversal will give prosecutors the option to re-try Garcia-Zarate.

"That kind of error causes reversals all the time. Then the prosecution has the prerogative of going again," Serra said. "The state case is a heavier case because it's a homicide and a gun. ... It's going to be a big potential decision on what they're going to do."

NBC News also said:

A California appeals court on Friday reversed a conviction against a Mexican man in the country illegally who was acquitted in the 2015 murder of Kate Steinle in San Francisco.

Jose Ines Garcia Zarate, 46, did not get a fair trial when he was convicted of being a felon in possession of the gun used in the shooting, the Court of Appeal for the First Appellate District ruled Friday.

The San Francisco Superior Court judge who oversaw the murder case disallowed his argument that he never had legal possession of the deadly weapon.

"Because the error was prejudicial, we are compelled as a matter of law to reverse," the appeals court said in its ruling.

Garcia Zarate initially told police he was sitting in a chair on San Francisco's Pier 14 on July 1, 2015, when he inadvertently stepped on the gun, which was wrapped in rags, and it discharged.

"There was a, a rag and stuff and I stepped on it and then it fired and then I grabbed it and then tossed it," he said, according to the appeals court ruling.

He later said he picked up the gun and it went off. He tossed it into the bay because he was afraid it would go off again, he said.

"Under defendant’s theory of the case here, he sat in a chair, bent over to pick up an object wrapped in rags, did not know that the object was a gun, the gun fired, and as soon as it fired, he immediately threw the gun in the water in order to stop it from firing," the appeals court found. "If believed by the jury, these facts describe an accidental discovery and abandonment."

Steinle,32, was walking on the pier with her father and a friend when she was struck in the back by the bullet and died. There was evidence, according to the appeals court ruling, that the fatal round ricocheted off concrete before striking Steinle.

Garcia Zarate had been deported five times and had served time in federal prison for re-entering the country illegally. He was facing deportation at the time of the shooting.

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California Court Overturns Conviction Of Illegal Alien In Kate Steinle Murder

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