Garcia Zarate Gets Time Served for Gun Charge in Kate Steinle Shooting Death Case
By Paul Elias ••
A Mexican man acquitted of murder in the shooting death of a San Francisco woman that sparked a national immigration debate was sentenced to time served for illegal gun possession Friday. Sam Brock reports.
A Mexican man acquitted of murder in the shooting death of a San Francisco woman that sparked a national immigration debate was sentenced to time served for illegal gun possession Friday.
San Francisco Superior Court Judge Samuel Feng also denied a defense request to give Jose Ines Garcia Zarate a new trial for his conviction of being a felon in possession of a firearm. Garcia Zarate will now be taken into federal custody, but it's not clear when he will be transferred.
Defense attorneys argued that the judge failed to properly instruct jurors, who found Garcia Zarate not guilty last month of killing Kate Steinle on a popular pier in 2015.
Garcia Zarate faced a maximum sentence of three years behind bars but has been held in the San Francisco jail since his July 1, 2015, arrest.
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Courtroom artist Vicki Behringer is sketching the Kate Steinle murder trial. She shows her sketches to reporters outside the courtroom on the third day of jury deliberations. (Nov 27, 2017).
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Prosecutor Diana Garcia questions arresting SFPD Officer Andrew Bryant during the Kate Steinle murder trial. Bryant described defendant Garcia Zarate's state as being akin to "deer in headlights" in the aftermath of the shooting. Garcia Zarate ran away from the scene on the pier but was later arrested by Bryant. (Oct 25, 2017).
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Courtroom artist Vicki Behringer wishes reporters a happy Thanksgiving on Nov 22, a day before the jury recessed for Thanksgiving break. (Nov. 22, 2017)
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Courtroom sketch shows defendant Jose Ines Garcia Zarate staring into the gallery during the trial. Garcia Zarate has been deported five times, and was released by the San Francisco Sheriff’s Department weeks before 32-year-old Steinle was shot and killed, despite a request from federal authorities to detain him. The sheriff at the time had cited the city’s “sanctuary” policy as a reason for his discharge. During the 2016 campaign, Pres. Trump cited the case in his calls to toughen US immigration policies. (Oct 24, 2017)
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From left to right: Courtroom sketch shows defendant Jose Ines Garcia Zarate, defense attorney Francisco Ugarte (represents undocumented immigrants facing deportation), defense attorney Matt Gonzalez, prosecutor Diana Garcia (standing) and Judge Samuel Feng. (Nov. 21, 2017)
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Prosecutor Diana Garcia offers her rebuttal in closing statements. Pointing at the defendant Garcia Zarate, Garcia reminded the jury: "He did kill someone. He took the life of a young, vibrant, beautiful, cherished woman by the name of Kate Steinle," (Nov 21, 2017)
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This sketch captures the moment Kate Steinle was shot while walking with her father in San Francisco's Pier 14 in July 2015. The pier, a popular walking spot for tourists and locals alike, is located right near the foot of the Bay Bridge. Prosecutor Diana Garcia said in her closing rebuttal Tuesday that she didn't know why Garcia Zarate had fired the weapon, but that he created a risk of death by bringing the gun to the pier that day. Witnesses described him twirling around on a chair for at least 20 minutes before he fired. They then saw him run away leaving behind a scene of chaos. The bullet ricocheted on the concrete walkway of the Pier before it struck Steinle. Her last words were: "Help me, dad." (Oct. 25, 2017)
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The bullet that killed Kate Steinle ricocheted off the ground about 100 yards away before hitting her. Lawyers for the defendant Garcia Zarate argue that the ricochet shows the shooting was accidental. This sketch shows the bullet's trajectory.
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Sketch of the bullet that killed Kate Steinle in July 2017. Defendant Garcia Zarate claims he found the gun wrapped up in a T-shirt on the pier and accidentally fired it. The weapon was stolen from a Bureau of Land Management ranger's SUV several days before the shooting. A police diver found it in the waters of the bay after the shooting.
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Former SFPD officer John Evans said he and other investigators working on the Kate Steinle case found a “strike mark” on the concrete surface of Pier 14 four days after the shooting. Evans said the bullet ricocheted off the ground about 100 yards away before hitting Steinle in the back. (Oct. 30, 2017)
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Prosecutor Diana Garcia questions witness Michelle Lo, who was taking pictures on Pier 14 the day of the shooting. Seated next to her is her Cantonese interpreter. Lo said she saw a man dressed in black swiveling around on a chair on the pier before the shooting, laughing and grinning. She said he made her uncomfortable. (Oct. 24, 2017)
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Defense attorney Matt Gonzalez questions SFPD gun expert Andy Smith. (Oct 31, 2017).
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Bureau of Land Management ranger John Woychowski (whose gun was stolen from his SUV and used in the shooting), and other federal officials offer testimony during the trial. (Oct. 24, 2017)
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Prosecutor Diana Garcia told the jury during the trial that defendant Garcia Zarate was playing his "own version of Russian roulette" the day of the shooting. This sketch shows a demo of how the .40-caliber Sig Sauer could fit in the pockets of the baggy black clothes Garcia Zarate was wearing that day. “He chose the moment,” Garcia said, in what she said was a "target-rich environment."
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Prosecutor Matt Gonzalez argued in closing arguments that the 40-caliber Sig Sauer pistol went off accidentally after Garcia found it under his seat on the pier. "But for the ricochet, it does not hit her," he told the jury. Gonzalez said his client "had no motive; he didn't know Ms. Steinle." (Nov. 21, 2017)
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Judge Samuel Feng instructs members of the jury on the deliberation process: "You are the sole judges of the evidence. We're almost there." Judge Feng told the jury not to let race or immigration play a factor in their deliberations. (Nov. 21, 2017)
He had previously been convicted of illegally re-entering the United States and been deported five times before Steinle was fatally shot. The San Francisco sheriff's department released him from jail several weeks before the shooting, ignoring a request from federal immigration officials to detain him for a sixth deportation.
San Francisco's "sanctuary city" policy bars local officials from helping federal immigration authorities in deportation matters unless they have a warrant. Donald Trump pointed to the shooting during his presidential campaign as another reason to build a wall along the Mexican border and tighten immigration policies.
Defense lawyers argued in court papers that the judge improperly barred the jury from considering Garcia Zarate's claim that he didn't know he was holding a gun when it fired. They also argue that he didn't hold the gun long enough to warrant a firearm possession conviction.
Jurors had asked for clarification during deliberations on what "intent" they had to determine to convict Garcia Zarate of illegal possession.
Kathryn "Kate" Steinle was a 32-year-old medical device sales representative who was shot and killed in July 2015 after a man fired a gun at an unsuspecting crowd at San Francisco's Pier 14.
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Kathryn Steinle was taking a stroll with her father on San Francisco's Pier 14 on July 2015 when a bullet struck her back and ruptured a major artery. Father Cameron Faller (C), associate pastor at the Church of the Epiphany, conducted a prayer service at the site where 32-year-old Steinle was shot and killed by Francisco Sanchez.
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Steinle's father attempted to give her mouth to mouth until the paramedics arrived, but she died shortly after arriving at the hospital. Steinle's last words were "Dad, help me. Help me," according to a prosecutor on the trial.
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(L-R) Attorney Frank Pitre speaks as Brad Steinle, Liz Sullivan and Jim Steinle, look on during a news conference on September 1, 2015 in San Francisco, California. The family of Kate Steinle who was killed by an undocumented immigrant, have filed claims against San Francisco Sheriff Ross Mirkarimi, the Bureau of Land Management and Immigration and Customs Enforcement for their role in their daughter's death. (Photo by Justin Sullivan/Getty Images)
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(R-L) Brad Steinle, Liz Sullivan and Jim Steinle, the family of Kate Steinle who was killed by an undocumented immigrant, look on during a news conference on September 1, 2015, in San Francisco, California. The criminal case against the Mexican man accused of killing Steinle set off a national firestorm over immigration.
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An attorney holds the copy of a claim filed against the Bureau of Land Management for their role in the death of Kate Steinle who was killed by an undocumented immigrant using a stolen BLM officer's gun, during a news conference on September 1, 2015 in San Francisco, California. The family of Kate Steinle who was killed by an undocumented immigrant, have filed claims against San Francisco Sheriff Ross Mirkarimi, the Bureau of Land Management and Immigration and Customs Enforcement for their role in their daughter's death. (Photo by Justin Sullivan/Getty Images)
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Jose Ines Garcia Zarate pleaded not guilty to charges that he shot and killed 32-year-old Kathryn Steinle as she walked on Pier 14 in San Francisco with her father the week before. The defense argued that the 40-caliber Sig Sauer pistol went off accidentally after finding it under his seat on the pier.
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Jose Ines Garcia Zarate, right, enters court for an arraignment with San Francisco public defender Jeff Adachi, left, on July 2015, in San Francisco, California. He was 'playing his own version of Russian roulette' when he fired into a crowd.
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San Francisco public defender chief attorney Matt Gonzalez compared pulling the trigger of the Sig Sauer to be the same as that of a squirt gun. He continued to argue that his client "had no motive; he didn't know Ms. Steinle."
Jeff Chiu/AP
San Francisco District Attorney George Gascon arrives at a courthouse in San Francisco, Monday, Oct. 23, 2017. A trial begins for Jose Ines Garcia Zarate, a Mexican national who set off a country-wide immigration debate after he fatally shot Kate Steinle on a San Francisco pier on July 1, 2015.
Eric Risberg/AP
Jim Steinle, center, and Liz Sullivan, right, the parents of Kate Steinle, walk to a court room for closing arguments in the trial of Jose Ines Garcia Zarate accused of killing their daughter, on Monday, Nov. 20, 2017, in San Francisco. Jose Ines Garcia Zarate had been deported five times and was wanted for a sixth deportation when Kate Steinle was fatally shot in the back while walking with her father on the pier.
Jeff Chiu/AP
Matt Gonzalez, chief attorney of the San Francisco Public Defender's Office, speaks to reporters at a courthouse in San Francisco.
Jeff Chiu/AP
In this Oct. 23, 2017 photo, Matt Gonzalez, chief attorney of the San Francisco Public Defender's Office, speaks to reporters at a courthouse in San Francisco. The bullet that killed Kate Steinle two years ago ricocheted off the ground about 100 yards away before hitting her in the back, later launching a criminal case at the center of a national immigration debate. Lawyers for Jose Ines Garcia Zarate argue that the ricochet shows the shooting was accidental.
Eric Risberg/AP
San Francisco Deputy District Attorney Diana Garcia walks to a courtroom for closing arguments in the trial of Jose Ines Garcia Zarate accused of killing Kate Steinle, on Monday, Nov. 20, 2017, in San Francisco. Garcia argued that the gun gave Garcia Zarate power and that if it was an accident, "why didn't he say so?"
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A large photo of Kathryn "Kate" Steinle who was killed by an illegal immigrant in San Francisco, is shown while her dad Jim Steinle testifies during a Senate Judiciary Committee hearing on Capitol Hill, July 21, 2015 in Washington, DC. (Photo by Mark Wilson/Getty Images)
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Liz Sullivan (C) mother of Kathryn "Kate" Steinle is comforted while her son Brad Steinle (R) sits nearby during a Senate Judiciary Committee hearing on Capitol Hill, July 21, 2015 in Washington, DC. The committee heard testimony from family members who have had loved ones killed by illegal immigrants. (Photo by Mark Wilson/Getty Images)
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Jim Steinle, father of Kathryn "Kate" Steinle who was killed by an illegal immigrant in San Francisco, arrives to testify before a Senate Judiciary Committee on Capitol Hill, July 21, 2015 in Washington, DC. (Photo by Mark Wilson/Getty Images)
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Brad Steinle, brother of Kathryn Steinle, hugs a victims family member during a Senate Judiciary Committee hearing on Capitol Hill, July 21, 2015 in Washington, DC. The committee heard testimony from family members who have had loved ones killed by illegal immigrants. (Photo by Mark Wilson/Getty Images)
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(L-R) Brad Steinle, Liz Sullivan and Jim Steinle look on during a news conference on September 1, 2015, in San Francisco, California. The family of Kate Steinle who was killed by an undocumented immigrant, have filed claims against San Francisco Sheriff Ross Mirkarimi, the Bureau of Land Management and Immigration and Customs Enforcement for their role in their daughter's death. (Photo by Justin Sullivan/Getty Images)
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Liz Sullivan and Jim Steinle, the parents of Kate Steinle speak during a news conference on September 1, 2015, in San Francisco, California. (Photo by Justin Sullivan/Getty Images)
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Jim Steinle looks on during a news conference on September 1, 2015 in San Francisco, California. (Photo by Justin Sullivan/Getty Images)
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Brad Steinle, (L) is comforted by his father Jim Steinle (R) as he speaks during a news conference on September 1, 2015 in San Francisco, California. (Photo by Justin Sullivan/Getty Images)
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Brad Steinle, brother of Kate Steinle speaks during a news conference on September 1, 2015 in San Francisco, California. (Photo by Justin Sullivan/Getty Images)
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The murder trial started Monday, Oct. 23, 2017 for Jose Ines Garcia Zarate who sparked a national immigration debate after he shot and killed Kate Steinle two years ago at Pier 14.
Surveillance footage shown in court appears to show Garcia Zarate in the fatal shooting of Steinle throwing something in the water and leaving the scene after she is struck. (Oct. 26, 2017)
In the trial, prosecutors show jurors a video of a police interview with Garcia Zarate where he appears to confess to the murder and then contradicts himself. (Nov. 1, 2017)
The defense walks out of the courtroom as the crowd tries to read into every movement after resting their case. (Nov. 9, 2017)
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Judge Samuel Feng leaves out cookies for reporters every day in the hallway. When asked about the verdict in the SteinleTrial he says “No comment.” (Nov. 29, 2017)
Garcia Zarate said he was sitting on a city pier when he found and picked up a gun wrapped in rags. His lawyer said he didn't know it was a weapon until it accidentally fired, the bullet ricocheting of the pier's concrete walkway and striking Steinle in the back.
The San Francisco sheriff's department has said it will turn over Garcia Zarate to federal authorities after he has finished his state sentence. A federal grand jury indicted him on two felony charges of illegal gun possession less than a week after the San Francisco jury acquitted him of murder.
San Francisco public defender Jeff Adachi on Friday criticized federal prosecutors for adding the charges, which he called "ridiculous" and politically motivated.
"This is rarely done" after a defendant is acquitted on the same charge in a state court, Adachi said.
San Francisco attorney Tony Serra will represent Garcia Zarate when it comes to the federal gun charges, according to the San Francisco Public Defender's Office.
"It is expected that Serra will seek to have the new charges dismissed based on double jeopardy concerns and the Trump Administration’s politically motivated, vindictive prosecution," a statement from the public defender's office read.
Jose Garcia Zarate will be arraigned on fed. charges ‘Monday or Tues’ according to attorneys representing him- in federal court in #SF. Meantime, he’ll be transferred to jail in Alameda (where fed. govt has a contract)
