Court Reverses Conviction of 5-Time Illegal Immigrant: Maybe He Didn’t Know He Was Holding Gun

(Pluralist)

A California court overturned the conviction Friday of a five-time deported homeless illegal immigrant who shot Kate Steinle in 2015.

The 1st District Court of Appeals ruled that the trial judge erred in not giving the jury “the momentary possession instruction,” NPR reported.

“It is undisputed that defendant was holding the gun when it fired. But that fact alone does not establish he possessed the gun for more than a moment. To possess the gun, defendant had to know he was holding it,” the appellate court wrote, according to NPR.

Jose Ines Garcia-Zarate was deported five times before he shot Steinle on a San Fransisco pier in 2015. Zarate was a seven-time convicted felon and Mexican national. Months before he shot Steinle, the Immigration and Customs Enforcement lodged an immigration detainer for Zarate with the San Francisco sheriff’s office. The office declined the request, according to former Acting ICE Director Thomas Homan’s statement. Read more