court hearing on Feb. 19th to discuss the matter further with the attorneys on both sides. A federal grand jury indicted Garcia-Zarate on December 5, 2017 for being a felon in possession of a firearm and ammunition, and for being an illegally present alien in possession of a firearm and ammunition.
The case became a national flashpoint in debates over immigration, as Garcia-Zarate is an undocumented Mexican citizen who had been deported five times and had seven felony convictions. The case was frequently cited by President Donald Trump as he sought more restrictive immigration policies.
He was acquitted of the murder. After that, state 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.
SAN FRANCISCO (CBS SF) — A federal court appointed psychologist has ruled that Jose Garcia-Zarate was mentally incompetent to stand trial on a gun possession charge related to the 2015 slaying of Kate Steinle on the San Francisco waterfront.
Public defender Matt Gonzalez, who argued the case in state court, said the improper instruction meant that Garcia-Zarate did not get a fair trial. “This really wasn’t a close call. We were entitled to the instruction, and we should’ve had it.
Gun charges related to the case on the state level had already been tossed out. A three-judge panel in First Appellate District found that the state trial court failed to instruct the jury on a legal defense for Garcia-Zarate, that he possessed the gun too briefly to be convicted of possessing a firearm as a felon.