Good day all. In 2015 Kate Steinle was walking along with her father in San Francisco when Jose Inez Garcia-Zarate gunned her down. He was captured, put on trial and, despite not only being an illegal alien, but also a convicted felon, basically was given a pass.
He was convicted of a single charge of the multitude filed, that of being a felon in possession of a firearm. Last week, the Kalifornistan Appeals court threw out that conviction as well. Here are the details from Fox News:
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.
We can thank your typical San Francisco jury for the failure to lock this scumbag up forever. Then we have the Kalifornistan 1st District Court of Appeal. They decided to let this murderer walk.
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.
That “Moment” cost Kate Steinle her life, not that these moonbat judges give a damn.
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.
The pistol used to murder Ms. Steinle was a Sig Sauer P239 in .40 caliber. The pistol is semi-automatic, however it is a “Double Action Only” pistol. In other words, it feels like a revolver when you pull the trigger without cocking the hammer. In fact, you can’t cock the hammer on this model. It takes a substantial pull to fire a round. It’s specifically designed to minimize accidental discharges. There is no question that Garcia-Zarate intentionally pulled that trigger.
“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.”
Then the jurors are stupid, or the prosecutor was a complete incompetent. The jurors should have been informed what the trigger pull of that model of pistol was, and if needed, given one to test pull the trigger during the trial. However, there may be two silver linings. First, Garcia-Zarate is in federal custody on both the gun charge and being in the United States illegally. The second silver lining is it gives the prosecutors another shot at him.
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.”
The San Francisco district attorney’s office was weighing its options, spokesman Alex Bastian said.
And if they give this scumbag a pass, then as far as I’m concerned, it’s time to call Harry Callahan out of retirement.
One of the reasons that Ms. Steinle is dead is directly due to the “Sanctuary” policies of the San Francisco and Kalifornistan. If they had held on to Garcia-Zarate instead of letting him go after a drug conviction, he would have been shipped back to Mexico.
Three months before the killing, Garcia-Zarate was released from custody after a drug case against him was dropped. The sheriff’s office, which had ended contact between jail employees and immigration officials, ignored a request by federal authorities to hold Garcia-Zarate until they could assume custody and did not inform them that he was being released.
As far as I’m concerned, it’s time to declare Kalifornistan a failed state, remove the current regime and install a Governor-General to clean up the mess the Democrats have made. That, or just kick them the hell out of the union and build a wall along the Kalifornistan/Nevada border. Let them rot in their own Progressivism.
Thatisall
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