On the 30th of August, the Appeals Court in California reversed the conviction of an unlawful immigrant in the country, acquitted in the 2015 murder of Kate Steinle in San Francisco.
The Court of Appeal for the First Appellate District ruled that Jose Inez Garcia-Zarate, 46, who was found guilty of handling the murder weapon that killed the victim did not receive a just trial.
The Judge at the San Francisco Superior Court that presided over the murder case did not accept the argument over the illegality of the murder weapon.
The appeals court ruled that they had no other choice than to reverse the case since it was a damaging mistake.
The experience of a criminal defense attorney is required at the time of a trial considering delicate cases like the Garcia-Zarate murder case. Because federal cases are usually taken very seriously by the federal government and the result affects the life of the defendant.
The Pat Ford Appeals – Los Angeles is vastly experienced in advocating for clients in several federal criminal cases such as murder, sexual harassments, extortion, embezzlements and other federal criminal offenses which makes them the most ideal option for comparable cases.
Garcia-Zarate initially informed the police that he was sitting on a chair on a pier in San Francisco on the day of the sad event, July 1, 2015, when he mistakenly stepped on a gun that was clothed which immediately released.
According to the decision of the appeals court, he stated that there was a rag, and stuff which he stepped on, it fired immediately and instantly he grabbed and tossed it away.
He later confessed that
he picked up the gun and shot one round and immediately dropped it in the bay,
scared it would go off for the second time.
The appellate court discovered that according to the deduction of the defendant about the case, he was seated on a chair, bent to grab an object covered in rags, which he was unaware to be a gun, which was discharged and once it did, he immediately dropped it in the water to prevent further shots. This would be seen as an unexpected revelation and abandonment if presumed by the jury.
Steinle, 32, lost her life when the bullet struck her back while she was casually taking a stroll with her father and a family friend.
Garcia-Zarate was having issues with deportation when he was arrested and had been previously deported five times. He was currently imprisoned for illegally entering into the country. He was just released by the immigration officials three months before the sad occurrence.
The presidential candidate at that time, President Donald Trump referenced this murder case and promised everything possible to get rid of somebody like Garcia-Zarate.
Trump tweeted shortly after the unfortunate event, that Steinle was brutally murdered as a result of being unable to properly safeguard our borders and everyone needs to stand up and support U.S. Trump blamed the sanctuary city in San Francisco for the occurrence since federal immigration law are restricted from working with local law enforcement agents which multiplied the number of criminals living in the country unlawfully.
The acting director of the US Citizenship and Immigration Service, Ken Cuccinelli was in support of the criticism laid out by the president and tweeted that Kate Steinle lost her life due to the proud claim of being a sanctuary city made by San Francisco.
He added that what is
the number of lives of innocent victims that would be lost before the
perpetrators of criminal offenses are no longer harbored and it was simply a
definition of wisdom, personal quality, and public security #NoJustice.
Garcia Zarate, in 2017, was acquitted of first and second-degree murder, automatic homicide and an attack with the use of a semi-automatic murder weapon in the Steinle’s murder case.
But he was convicted of one count illegal possession of a murder weapon after the request made by the jury for an explanation on illegal possession was denied by the Judge.
Even though Garcia-Zarate was sentenced to three years in prison under the gun conviction, he eventually did not spend any additional time because of the time spent in prison that elapsed as he stood trial. But, he was detained by the US Marshals on the illegal handling of a gun and bullets and also because he was an illegal immigrant having a gun and bullets.
Tony Serra, his appellate attorney stated that January 13 was the planned date for the federal trial and that the decision of the appeals court does not hinder the district attorney from the retrial of the defendant on the conviction of illegal gun handling.
Serra then stated in a report that the mistakes usually result in reversal which triggers retrials from the prosecution and what they have planned will likely be a major decision.