Jose Ines Garcia Zarate was found not guilty for the murder of Kate Steinle. Garcia Zarate is an illegal alien who has been deported on 5 separate occasions. He has committed several felonies and has been rearrested multiple times. The federal governments request to keep Zarate in detention until they arrived was ignored as San Francisco is a sanctuary city.
Zarate was charged with 2nd degree murder. The prosecutor was over reaching and should have charged involuntary manslaughter.
2nd degree murder requires that the perpetrator have intent. Involuntary manslaughter is a killing without malice and doesn’t require the prosecutors to prove intent. It is simply a reckless disregard for human life.
Zarate and his lawyer presented several different accounts of the event which varied excessively. The defense ultimately argued that Zarate found a gun underneath a bench near the pier in San Francisco. They allege he picked up the gun and it accidentally fired. He claimed to be startled by the noise of the gun firing so he tossed the gun into the water.
The bullet hit pavement before it ricocheted and hit Steinle in the back. She died as a direct result of sustaining that gunshot.
I don’t believe Zarate intended to kill Steinle. That is, however, irrelevant to the larger issue with this case.
California has a 3-strike law. Since Zarate had committed more than 3 felonies he would have been incarcerated and wouldn’t have been able to shoot Steinle. However, because he is an illegal alien he was simply deported and would subsequently illegally re-enter the United States.
This is a great example of why we urgently need to build the wall. Simply deporting aliens doesn’t work as they quickly re-enter the US. Furthermore, sanctuary cities like San Francisco ignore detention orders from the federal government. This prevents federal authorities from being able to enforce the law. Make no mistake; if we had a wall and cities like San Francisco were obligated to follow the law then Steinle would be alive today.