A state appeals court has overturned a criminal conviction for weapons possession for Jose Ines Garcia-Zarate, who was previously acquitted of the murder of Kate Steinle in San Francisco in 2015.At this point, I might be upset to hear that San Francisco has cracked off of the continent and sunk into the Pacific. I mean, I might be upset, but would definitely sleep soundly that night.
The ruling by three judges in the First Appellate District found that the trial court failed to instruct the jury on a legal defense for Zarate, that he possessed the gun too briefly to be convicted of possessing a firearm as a felon... [his attorney said,] “He picked up an object not knowing what it was, it fired, and he threw it to the ground when it did fire.”
Zarate had been tried for murder in the July 1, 2015, shooting of Steinle, who was walking with her father and a family friend on Pier 14 off The Embarcadero. Zarate’s defense attorneys argued that he had picked up an object wrapped in rags, which he realized was a gun only when it discharged, hitting Steinle in the back.
Zarate was acquitted of the murder. After that, prosecutors filed the weapons possession charges and Zarate was found guilty and sentenced to three years in prison.
The gun had been stolen from a U.S. Bureau of Land Management agent’s car.
The case became a national flashpoint in debates over immigration, as Zarate is an undocumented Mexican citizen [sic, he's a documented Mexican citizen, but is an illegal alien here] who had been deported five times and had seven felony convictions.
Hat tip: BadBlue Uncensored News.