How Jose Ines Garcia Zarate avoided a murder conviction

Garcia Zarate, an illegal immigrant who had already been deported several times, was acquitted of murdering 32 year-old Kate Steinle on a San Francisco pier, and the President of the United States is responding with his usual restraint:

 

Mind you, some anger is understandable considering that Garcia Zarate wasn’t legally in the country to begin with, and was arguably on the streets because of San Francisco’s “sanctuary city” policies:

The judge in the trial did prohibit discussion of Garcia Zarate’s immigration status and the mention that he was deported to Mexico, but returned to the U.S. five times. Instead, jurors were told to focus on the events surrounding Steinle’s death.

[…]

Garcia Zarate, who also used the name Juan Francisco Lopez Sanchez, had been deported five times before the deadly encounter. He had finished a federal prison sentence for illegal re-entry into the United States and was transferred in March 2015 to San Francisco’s jail to face a 20-year-old charge for selling marijuana.

But three months before the deadly encounter on the pier, Garcia Zarate was released after the district attorney dropped the marijuana charge — despite a request by federal immigration authorities to detain him for yet another deportation.

His immigration status, however, has nothing to do with whether he is guilty of murder.  Writing for the conservative site RedState, Sarah Rumpf explains why he was likely acquitted:

…The main issue is that the defense was able to present a credible case that the shooting was an accident, and the prosecution aggressively overplayed their hand. Add in a misguided police interrogation strategy and you have reasonable doubt…

[…]

…we have a defendant with zero connection to Steinle. He had a history of drug crimes but no known violent crimes. The bullet that killed Steinle hit the ground and then ricocheted upwards. There was a video possibly showing another group of people disposing of the gun where Garcia Zarate said he found it.

Reviewing the SIG Sauer website shows [the handgun used in this case, which had been stolen from a federal officer a few days before] cost $1,000 or more. You can see how defense counsel could easily argue that a homeless illegal immigrant would be unfamiliar with one.

All of this adds up to the defense presenting a plausible explanation for how Garcia Zarate could have fired the gun and killed Steinle by accident. That’s reasonable doubt. 

The prosecutors were under tremendous political pressure. People wanted Kate Steinle’s killer’s head on a platter, even before Donald Trump ever tweeted her name.

So it’s not that surprising that “San Francisco prosecutors told the jury that Garcia Zarate intentionally brought the gun to the pier that day with the intent of doing harm, aimed the gun toward Steinle and pulled the trigger,” as the Chronicle reported, adding that the Assistant District Attorney also “spent much of the trial seeking to prove the gun that killed Steinle couldn’t have fired without a firm pull of the trigger.”

This seems to be a classic example of prosecutorial overreach.They pushed hard for a first degree murder verdict, which requires not only proving that the defendant killed the victim, but that he did it intentionally, and that it was premeditated (planned or thought out beforehand). [emphasis in original]

For the record, Garcia Zarate was convicted of a firearms offence, and it will likely head to his deportation.  Again.

One quick but important note: Garcia Zarate is not going free. The jury did convict him of a lesser charge of being a felon in possession of a gun, and he now awaits sentencing, which will be 16 months, two years, or three years in state prison. He has already served two years and will get credit for that time, but even if he is not given the maximum sentence, there is an outstanding U.S. Marshals Service warrant against him, and despite the sanctuary cities policy, San Francisco apparently does turn over undocumented immigrants to the feds when they have a warrant. So he is either getting deported, or spending more time in prison first, and then getting deported.

This case does raise real concerns about American immigration and border policies – the very concerns that arguably got Trump to the White House.  It should not be an excuse for the President to call into question the integrity of his own country’s justice system.  But then again, look who we’re dealing with.

I’ll give federal prosecutor (and veteran blogger) writing under the name “Patterico” the last word:

…My gut tells me that prosecutors were handed a flawed case with a bad interview. Once the defendant has a lawyer appointed, deficiencies in the interview will never be clarified. I’m reluctant to play armchair quarterback from the comfort of my living room.

There’s plenty to be angry about here. San Francisco’s self-righteous sanctuary city policy clearly cost Kate Steinle her life. The man who handled the gun that shot her had no business being on the streets of San Francisco. He should have been deported, yet again. But thanks to leftist lawmakers, he wasn’t, and a beautiful young woman died as a result.

But that fact alone does not make this verdict wrong. Once you understand the law, it’s easy to see that the verdict may well have been correct.

The only undeniable crime here was committed by San Francisco leftist policymakers. If anyone needs to be held accountable now, it’s them.

 

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