1-30-18 A citizen of Mexico, sanctuary city law.
On December 1, 2017, after a lengthy deliberation, the S.F. jury acquitted Garcia Zarate on all charges except that of being a felon in possession of a firearm. https://www.thoughtco.com/do-illegal-immigrants-have-constitutional-rights-3321849
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10-26-17 Zarate’s lawyer, Matt Gonzalez, claims Zarate fired the gun accidentally, having found it sitting under a bench and wrapped in a t-shirt. He allegedly picked up the bundle without even realizing there was a gun inside. Deputy District Attorney Diana Garcia, meanwhile, argued the gun used in the shooting is a reliable weapon that could not have been fired accidentally in such a manner.
Steinle’s death set off renewed debates about illegal immigration, as Zarate had been deported five times, with then-presidential candidate Donald Trump citing her story as a reason to crack down on immigration. According to a report by USA Today, Zarate has been in trouble with the law since 1991, with seven nonviolent felony convictions on his record, four of them drug-related.
Zarate was homeless and living in San Francisco when he shot Steinle, and had recently completed a four-year prison term for illegally reentering the country following his last deportation. He was due to stand trial on a marijuana charge shortly before the shooting, but was released by county sheriff’s deputies after the charge was dropped, despite federal authorities having requested he be detained for deportation. This was in accordance with San Francisco’s “sanctuary” policy https://www.dailyadvocate.com/news/42927/trial-of-kate-steinle-killer-spurs-debates-on-immigration-sanctuary-cities
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Bullet Trajectory and Ricochet Shot Central to Steinle Murder Trial
An artist's rendering of prosecutor Diana Garcia's opening statement in the Kathryn Steinle murder trial at the San Francisco Hall of Justice on Oct. 23, 2017. (Vicki Ellen Behringer/Courtroom Artist)
To justify a murder conviction, the prosecution must prove Garcia Zarate intended to fire the gun at Steinle or a crowd of people gathered on Pier 14 about an hour before sunset on July 1, 2015. The defense is arguing Steinle's death was an accident: that Garcia Zarate picked up an unknown object wrapped in cloth from beneath a rotating metal chair on the pier. The gun was stolen from a U.S. Bureau of Land Management ranger four days before the the killing, and the defense argues it accidentally fired as Garcia Zarate unwrapped it.
Assistant District Attorney Diana Garcia called since-retired SFPD officer and crime scene investigator John Evans to testify on Monday....after a bullet that had been flattened on one side was extracted from Steinle's body, Evans and his team of crime scene investigators returned to the pier, determined through an "exhaustive search" to find the place where the bullet struck before it hit Steinle in the back. And on July 5, 2015, investigators found a chip in the concrete 12 to 15 feet from where Garcia Zarate was believed to be sitting and about 78 feet from where Steinle fell to the ground. https://www.kqed.org/news/11626987/bullet-trajectory-and-ricochet-shot-central-to-steinle-murder-trial
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