Wednesday, September 4, 2019

California court won't even convict illegal alien who killed Kate Steinle on gun charges

Their liberal allies in the California courts won't even convict Kate Steinle's killer, who had seven felony convictions and five deportations, of a gun felony charge, much less second-degree murder.

While the House Judiciary Committee goes after constitutional rights, why won't the Senate Judiciary Committee hold hearings on how people like Steinle's killer get back into the country, how to deter sanctuaries that ignore ICE detainers and cause violent deaths, and how to ensure violent gun felons are held accountable?

In 2017, a San Francisco jury acquitted Jose Garcia Zarate - an illegal alien from Mexico - of all murder charges, including involuntary manslaughter, for the death of Kate Steinle on July 1, 2015.

"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," wrote judge Sandra Margulies for the three-judge panel ruling that the trial judge erred in his instructions to the jury.

A weak justice system that fails to land convictions of violent gun offenders;.

A sanctuary city that not only serves as a magnet for foreign national criminals, but won't turn over these criminals to ICE even after they are arrested for other crimes.

As illegal aliens sue American taxpayers for endless phantom rights after breaking into this country, where is the effort to give Kate Steinle's family a private right of action to sue San Francisco? In March, the Ninth Circuit, the same court that grants endless standing for illegal aliens to sue law enforcement, ruled that Steinle's family had no cause of action to sue San Francisco law enforcement for releasing Zarate in defiance of an ICE detainer.

https://www.conservativereview.com/news/california-court-wont-even-convict-illegal-alien-killed-kate-steinle-gun-charges/


Feds Are Going After Kate Steinle's Killer After California Drops The Ball
A U.S. attorney clarified the status of the illegal alien who fatally shot Kate Steinle in San Francisco in 2015, saying he "Has no right to possess a firearm under federal law, even if California extends him sanctuary."

David Anderson, the U.S. attorney in San Francisco, issued the scathing statement in response to a California appeals court's decision 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.

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

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

"A repeatedly deported, previously convicted felon has no right to possess a firearm under federal law, even if California extends him sanctuary."

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

The San Francisco district attorney has the option of re-trying the case against Garcia-Zarate.
https://dailycaller.com/2019/09/03/feds-kate-steinle-killer-charges/

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