The illegal immigrant who murdered Kate Steinle is headed back to court.
And this time he wants his gun conviction tossed out.
The undocumented immigrant acquitted by a jury of murder in the shooting death of Kate Steinle on a San Francisco pier, in a case that touched off a furor about immigration and sanctuary laws, has appealed his conviction for illegally possessing the fatal weapon, saying momentary and accidental possession of a gun is not a crime.
The November 2017 verdict in the case of Jose Ines Garcia Zarate showed that jurors believed he “did not commit a willful act in firing the gun — that it went off accidentally just as the defense contended,” Garcia Zarate’s lawyer, Cliff Gardner, said in a filing Friday with the First District Court of Appeal in San Francisco.
Because Superior Court Judge Samuel Feng refused to instruct the jury that “momentary possession” of a gun is not a crime, the jury had no choice but to convict Garcia Zarate of illegal firearms possession by a previously convicted felon, Gardner said. He asked the court to overturn the conviction and order a new trial.
Garcia Zarate, 46, was sentenced to prison on the gun conviction and remains jailed to await deportation and possible federal prosecution.
People are outraged.
WRONG IN SO MANY WAYS!!!!! https://t.co/kVmOavYUAz
— Charlynn Frantzve (@cactivitygal24) January 16, 2019
California laws are ridiculous. What a shame if the illegal immigrant wasn't in the USA he would never have been with a gun that went off & killed a citizen
— Beth (@Believe200866) January 16, 2019
MOMENTARY POSSESSION OF A GUN IS NOT A CRIME? SO SOMEONE GRABS MY LEGAL GUN FROM ME, FIRES IT RECKLESSLY INTO THE AIR KILLING SOMEONE..NO CRIME? @realDonaldTrump– Immigrant found not guilty in Kate Steinle’s killing wants gun conviction droppedhttps://t.co/lFTDrIGDYZ
— Pamela Jean Campbell Price (@mikepamelap) January 16, 2019