Immigrant acquitted of killing is sentenced for gun charge
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 its 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 sheriffs 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
(46,345 posts)He gets deported, again?
underpants
(182,877 posts)but that would be reporting the entire story and we just can't have that.
Floyd R. Turbo
(26,584 posts)Abouttime
(675 posts)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
(554 posts)How exactly is this a tragedy for him again? Should we put your loved one on the altar of this stupidity next?
Abouttime
(675 posts)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
(6,241 posts)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
(1,058 posts)Not true, he can and will be charged Federally for illegally entering the country and will be deported, again.
GulfCoast66
(11,949 posts)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
(5,586 posts)They could deport him because they want to, they didnt need to prosecute him for gun possession to do so.
Fred Sanders
(23,946 posts)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
(835 posts)He's suffered enough.
Vogon_Glory
(9,128 posts)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
(675 posts)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
(6,241 posts)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
(11,949 posts)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
(5,042 posts)......go back to America?
Calista241
(5,586 posts)A woman is dead. The fact that jurors said it was an accident doesnt affect the fact that he was a felon in possession of a gun.
It doesnt matter if he didnt 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 Attorneys do not like gun deaths in their city, and they especially do not like gun deaths in broad daylight in tourist areas.
john657
(1,058 posts)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
(23,946 posts)john657
(1,058 posts)then the young woman would still be alive today.
Bradical79
(4,490 posts)Just sounds like it was a freak accident.
john657
(1,058 posts)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
(4,490 posts)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
(23,946 posts)john657
(1,058 posts)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
(37,748 posts)Admission of bias is the first step to suppressing it. Nice work!
christx30
(6,241 posts)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
(1,058 posts)Bradical79
(4,490 posts)Didn't know the story changed. So yeah, gun charges and deportation (again) seem appropriate since that's the case.
christx30
(6,241 posts)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
(2,728 posts)Maybe some justice will come out of this whole mess. Deport him again, 6th times a charm.
Abouttime
(675 posts)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
(2,728 posts)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
(23,946 posts)Lot of folks at DU with same meme...but only if the person is not white.
john657
(1,058 posts)MichMan
(11,971 posts)john657
(1,058 posts)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
(15,396 posts)And as such we should support him through thick and thin, no matter what.
GulfCoast66
(11,949 posts)Cause you cant 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
(9,124 posts)about him in particular when 10,000 Americans shoot each other dead a year? Is it only because they repeat what Trump says?
GaryCnf
(1,399 posts)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
(6,241 posts)for drug trafficking, and his multiple illegal entry into the US. He IS a felon.