SHOCK: California Jury Acquits Illegal Immigrant Killer Of Kate Steinle
SHOCK: California Jury Acquits Illegal Immigrant Killer Of Kate Steinle

At roughly 3 p.m. Thursday afternoon, jurors decided the illegal immigrant accused of murdering Kate Steinle was innocent, finding him not guilty of murder and assault with a deadly weapon, but guilty of being a felon in possession of a firearm.

Jurors have found Jose Ines Garcia Zarate not guilty of killing Kate Steinle on Pier 14 in San Francisco in July 2015 in the trial that sparked a national debate over illegal immigration.

Jurors reached the decision Thursday in the sixth day of deliberations after first receiving the case last week.

Zarate was found not guilty of first and second degree murder and involuntary manslaughter. He was also found not guilty of assault with a semi-automatic weapon. He was found guilty of possessing a firearm by a felon.

Steinle was walking with her father and a family friend in July 2015 when she was shot, collapsing into her father’s arms. Zarate had been released from a San Francisco jail about three months before the shooting, despite a request by federal immigration authorities to detain him for deportation.

San Francisco is a sanctuary city, with local law enforcement officials barred from cooperating with federal immigration authorities. President Trump has threatened to withhold federal funding to cities with similar immigration policies, but a federal judge in California permanently blocked his executive order last week.

In a response to the verdict, Attorney General Jeff Sessions released a statement saying that despite California’s attempt at a murder conviction, Zarate was able to walk away with only a firearm possession conviction because he was not turned over by San Francisco to ICE.

“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk,” the statement said. “San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle.”

Sessions continued, “I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

Upon leaving the courtroom, representatives from both sides spoke to reporters. Defense Attorney Matt Gonzalez offered his condolences to the Steinle family and said the outcome of the case did not make what happened in 2015 any less terrible.

Public Defender Jeff Adachi also released a statement saying Zarate was “extremely relieved” by the outcome and that while Steinle’s death “was a horrible tragedy,” it was used as “political fodder for then candidate Donald Trump’s anti-immigration agenda.”

Adachi added, “Despite the unfairly politicized atmosphere surrounding this case, jurors focused on the evidence, which was clear and convincing, and rendered a just verdict.”

A spokesperson for the district attorney’s office said the verdict was not the one prosecutors were seeking but at the end of the day, the jury ultimately makes the decision. Prosecutors also said the Steinle family was “incredible” and that their hearts went out to them.

While Zarate’s immigration status brought the case into the national spotlight, jurors did not hear evidence about that, and it was not a factor in the trial.

After 12 days of testimony, dozens of witnesses and two days of closing arguments, the jury had to decide whether Steinle’s death was the result of an act of murder or a tragic accident.

Reporters in the room said the jurors looked very somber as they entered. When the judge was handed the verdict, the courtroom was completely silent. During the reading of the not guilty verdict of involuntary manslaughter, the defense team nodded in approval but didn’t show any emotion. Zarate sat stoically in his seat.

Earlier in the day, the bailiff and court clerk were seen entering the jury room with a small yellow evidence bag before retreating with it a few minutes later.

A source inside the courtroom confirmed that the jury asked to see the gun used to shoot Steinle. Zarate and his defense team maintained the argument that the suspect found the stolen weapon on the pier that day and it “just fired.”

The gun belonged to a federal Bureau of Land Management ranger and was stolen from his parked car a week earlier.

The bullet ricocheted on the pier’s concrete walkway before it struck Steinle, killing her. Zarate has admitted to shooting Steinle, but says it was an accident.

However, the prosecution painted a very different picture, telling jurors that Zarate deliberately shot the gun towards Steinle while “playing his own secret version of Russian roulette.”

Following Steinle’s death, Congress took action to pass new legislation called Kate’s Law. The law — passed by the House of Representatives in June — increases the penalties for deported aliens who try to return to the United States and are caught.

Backstory:

On July 1, 2015, Steinle, 35, was walking with her father Jim and a family friend along Pier 14, a tourist attraction area in the Embarcadero district in San Francisco. Jose Inez Garcia Zarate, an illegal immigrant who had been deported from the U.S. five times, most recently in 2009, and was on probation in Texas at the time, was wandering around the pier, and fired one shot from a .40 caliber SIG Sauer P239 handgun that had a seven-cartridge magazine.

The prosecution and defense differed as to what happened; the prosecution stated that Garcia Zarate intentionally aimed a gun at Steinle and fired at her, before throwing the weapon into the bay and fleeing; the defense argued the gun accidentally discharged and the bullet ricocheted on the concrete pier 78 feet before hitting Steinle. The bullet struck Steinle in the back, causing her to scream for help to her father. Despite her father and others performing CPR on her, she died two hours later at San Francisco General Hospital.

Garcia Zarate, who had been released from jail in San Francisco three months before even though federal immigration authorities wanted to detain him for deportation, was arrested about an hour after the shooting at Pier 40; the gun was found in the bay alongside Pier 14 the next day. The gun had been stolen in downtown San Francisco from a Bureau of Land Management ranger’s personal vehicle on June 27, 2015.

Jurors had been deliberating since November 21.

Defense attorney Matt Gonzalez offered condolences to the Steinle family, saying, “I hope that they do not interpret this verdict as diminishing in any way the awful tragedy that occurred.” Gonzales also took a shot at the Trump Administration, according to Mercury News, saying it was important to remember that the president, vice president, and attorney general were under investigation themselves and they should appreciate that they would be protceted by the justice system.

After Steinle’s death, there was a public outcry against San Francisco and its “sanctuary city” policy; President Trump cited the killing when he was running for president as a reason to tighten U.S. immigration laws. After he was elected, Trump signed an executive order to cut funding from cities that limited cooperation with U.S. immigration authorities.

Ironically, Trump’s action was permanently blocked by a federal judge in San Francisco only three days ago.

In response to the tragedy, in July 2015 Sen. Ted Cruz and Rep. Matt Salmon introduced H.R.3011, the Establishing Mandatory Minimums for Illegal Reentry Act of 2015, also known as Kate’s Law. It would impose a mandatory minimum sentence of five years for any illegal reentry offense. It was passed 55-42, primarily by Senate Republicans, but was filibustered by opponents and the GOP lacked a supermajority to defeat the filibuster.

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