Immigrant acquitted of killing is sentenced for gun charge

[DonViejo]

Source: Associated Press




By PAUL ELIAS
16 minutes ago

SAN FRANCISCO (AP) — A Mexican man acquitted of murder in the shooting death of a San Francisco woman that sparked a national immigration debate was sentenced Friday to time served for illegal gun possession.

San Francisco Superior Court Judge Samuel Feng also denied a defense request to give Jose Ines Garcia Zarate a new trial for his conviction of being a felon in possession of a firearm. Garcia Zarate will now be taken into federal custody, but it’s not clear when he will be transferred.

Defense attorneys argued that the judge failed to properly instruct jurors, who found Garcia Zarate not guilty last month of killing Kate Steinle on a popular pier in 2015. Garcia Zarate faced a maximum sentence of three years behind bars but has been held in the San Francisco jail since his July 1, 2015, arrest.

He had previously been convicted of illegally re-entering the United States and been deported five times before Steinle was fatally shot. The San Francisco sheriff’s department released him from jail several weeks before the shooting, ignoring a request from federal immigration officials to detain him for a sixth deportation.

Read more: https://apnews.com/25a5f5f8f3f541deb73948a0443aa46a?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP

[Archae]

1. So now what?

He gets deported, again?

[underpants]

3. In all this I've never heard where he worked

but that would be reporting the entire story and we just can't have that.

[Floyd R. Turbo]

7. He had a history of manufacturing and selling narcotics. Perhaps he didnt have a legit job!

[Abouttime]

2. Good news. Justice served

He should be free to go, SF is a sanctuary city. This whole thing is a tragedy for all involved. Hopefully Mr. Zarate is able to take advantage of this opportunity to better his life.

[Sailor65x1]

4. You're kidding, right?

How exactly is this a tragedy for him again? Should we put your loved one on the altar of this stupidity next?

[Abouttime]

9. Zarate is innocent of Steinles unfortunate death

The poor guy picked up what he thought was a jacket and the gun fired, to find him guilty of 'possession' of the gun is a stretch at best. He's served his time in jail and now he's free to go.
The FACT that SF and California are sanctuaries for the undocumented pretty much kills any chance he's deported, otherwise we are hypocrites.
Zarate did his time and was judged by his peers to be innocent. Forget this entire tragic incident, Kate Steinle is dead and buried and no amount of punishment upon an innocent man will change that sad fact.

[christx30]

14. The fact that SF is a sanctuary city

has absolutely no bearing on what the Feds want to do to Zarate. A local ordinance does not superceed federal law.
If a local sheriff wanted to allow automatic weapon in his county, the Feds can still arrest people in possession of illegal weapons. It's not hypocrisy. It's the constitution.

[john657]

19. He's still facing Federal charges of illegally entering the country,

The FACT that SF and California are sanctuaries for the undocumented pretty much kills any chance he's deported, otherwise we are hypocrites.

Not true, he can and will be charged Federally for illegally entering the country and will be deported, again.

[GulfCoast66]

15. A better life...in Mexico!

He is a Felon. He needs to be deported immediately and know he faces prison if he returns.

We cannot let Trumps insanity drive our positions and become against any immigration laws. We have to have rational immigration laws because open boarders is not something any American wants.

A 5 time deported Felon is not someone I want as a fellow American. We are not talking DACA kids here.

Kick his ass out and keep it out.

[Calista241]

22. Hes gong to serve a few years for the gun charge before they send him back to Mexico.

They could deport him because they want to, they didn’t need to prosecute him for gun possession to do so.

[Fred Sanders]

27. Judge already sentenced him to time served to date. The verdict of not guilty on the murder

and guilty of gun possession is a legal "inconsistent verdict".

If the jury believed him, picked up an abandoned gun momentarily and it accidentally went off, so no murder, how is he then guilty of gun possession, which he only had for seconds? Not his gun.

[samir.g]

5. Let him go

He's suffered enough.

[Vogon_Glory]

6. Send him back to Mexico

While I'm sympathetic to most undocumented residents of the US, my sympathy is lacking to trouble-makers and people whose carelessness kill other people. As far as I'm concerned, Zarate ought to be deported back to Mexico.

[Abouttime]

10. He's an innocent man!

If Zarate was a white American nobody would care about this, the fact he is undocumented and Hispanic gives fascists and xenophobes a reason to pile on, you ought to be ashamed.

[christx30]

13. He's still in the country without authorization.

And there is no way he's going to be naturalized, or anything.
He can still be deported. And if he's caught in the country again without authorizion, he can go to prison for 10 years.
He's a drug manufacturer. We have plenty of those.

[GulfCoast66]

16. What about a conviction of illegal gun possession do you not understand?

He is a Felon. He needs to go.

If in opposition to Trumps racist immigration positions we decide to become the party of NO immigration laws, we will never win another election.

This guy does not deserve to become a fellow American.

[RhodeIslandOne]

17. If he was an American hed presumably......

......go back to America?

[Calista241]

23. Thats bullshit.

A woman is dead. The fact that jurors said it was an accident doesn’t affect the fact that he was a felon in possession of a gun.

It doesn’t matter if he didn’t knew there was a gun. His actions in picking up whatever he picked up brought a firearm into his possession.

And anyone else would have been put on trial as well. White, black, whatever, District Attorney’s do not like gun deaths in their city, and they especially do not like gun deaths in broad daylight in tourist areas.

[john657]

25. The only one here who should be ashamed is you

for defending and excusing his actions that led to a young woman's death.
If he hadn't been in our country illegally, than this young woman would still be alive today.

The shame is on you buddy.

[Fred Sanders]

26. If....if...if...how many ifs can you put in front of any event and claim it would be different...if?

[john657]

28. Again, IF this POS hadn't been in our country ILLEGALLY,

then the young woman would still be alive today.

[Bradical79]

32. What makes him a POS?

Just sounds like it was a freak accident.

[john657]

35. The fact that he's a drug dealer,

the fact that he's been deported several times already.
He should not have been in the country in the first place, maybe this young woman would still be alive today if he had stayed deported.

[Bradical79]

31. It says he picked up some rags, didn't know there was a gun

and the thing went off. Was his story shown to be false? I don't see one way or another. Just wondering where the hate is coming from, because if he told the truth, it's just a freak accident.

[Fred Sanders]

33. The jury had reasonable doubt on homicide. Some folks do not understand criminal law at all.

[john657]

37. That's what he says,

but is it true?
I have my doubts.

He shouldn't have been in the country in the first place, so I choose not to believe him.

[LanternWaste]

38. Admission of bias is the first step to suppressing it. Nice work!

Admission of bias is the first step to suppressing it. Nice work!

[christx30]

40. His first story was that he picked up the gun

Last edited Tue Jan 9, 2018, 04:19 PM - Edit history (1)

and was shooting at seals in the area. But during trial, it changed to he was picking up some rags and a gun went off. So which was the truth?

[john657]

41. My point exactly.

[Bradical79]

42. Ah, thanks

Didn't know the story changed. So yeah, gun charges and deportation (again) seem appropriate since that's the case.

[christx30]

43. Here's an article from November,

It's not bias that shows there's a lot wrong with his testimony. He says he was shooting at seals, then he says he picked up some rags and the gun went off, so he threw the gun into the bay because he was afraid it was going to go off again.
It's clear he is a liar.
http://abc7news.com/sfpd-admits-to-lying-to-defendant-in-steinle-case-for-confession-/2592927/

[Devil Child]

8. Good

Maybe some justice will come out of this whole mess. Deport him again, 6th times a charm.

[Abouttime]

11. Justice has been delivered

Zarate, credit time served. Have you ever been in jail? Have you ever had a judge tell you you're free to go?
Don't judge Zarate unless you've been in his shoes.
He did his time, let him be.

[Devil Child]

12. Yes and yes

Naaaah I'll keep judging him as he should have never been in this country since his first deportation.

Kate Steinle is dead because of his actions. Fuck Zarate.

[Fred Sanders]

34. RW position is if anyone of the millions in America illegally commit any crime it is outrageous.

Lot of folks at DU with same meme...but only if the person is not white.

[john657]

36. What's right wing about what he/she said?

[MichMan]

18. So the only people that can judge him are those who shot and killed someone?

[john657]

20. Your position on this is one of the most ridiculous ones I've ever heard.

He's a convicted Felon, he's illegally in the country for the 5th time, he's a drug dealer, and you want him to just walk free?

Do you have any idea of how irrational you sound?

[ileus]

21. This guy is one of our own, a victim of trumpism.

And as such we should support him through thick and thin, no matter what.

[GulfCoast66]

24. You obviously forgot the sarcasm thingy

Cause you can’t reasonably expect anyone to support a 5 time deported, drug trafficking involved Felon. Who BTW was responsible for a ladies death.

Make him serve his time then ship his Felon ass back to Mexico. And let him know if we catch him here again he is looking at hard time.

Supporting a compassionate and rational immigration policy does not mean that everyone who makes it here gets to stay. And double that for criminals. If that is our position we might as well strike the tent and stop even trying to win elections.

[Doodley]

29. I have heard Trumpers talk about this guy so many times. I say why are they choosing to be angry

about him in particular when 10,000 Americans shoot each other dead a year? Is it only because they repeat what Trump says?

[GaryCnf]

30. So is it standard practice to carry water

For right wing memes?

https://themattgonzalezreader.wordpress.com/2017/07/18/juan-francisco-lopez-sanchez-3/

Using the word "felony" as a pejorative to exaggerate insignificant conduct which would have never been charged if the person were some white suburbanite is something the right wing does.

It was an accident. If anyone was to blame it's the person who left the gun there in the first place.

[christx30]

39. There's that one, there's also his conviction

for drug trafficking, and his multiple illegal entry into the US. He IS a felon.