Posted on 01/16/2019 9:56:40 AM PST by Oldeconomybuyer
The lawyer for the undocumented immigrant who was found not guilty in November 2017 for the 2015 fatal shooting of a woman on the San Francisco pier-- but convicted for illegally possessing a weapon-- has appealed the conviction, arguing that he had fired the gun by accident and "momentary possession" of a gun is not a crime.
Jose Ines Garcia Zarate, 46, a previous felon and undocumented immigrant who served nearly two years for felony re-entry into the U.S. from Mexico, was sentenced to three years in prison for the gun conviction while he awaits deportation.
Garcia Zarate was acquitted of murder, manslaughter and assault charges, but convicted of illegally possessing a firearm. The case sparked a national fervor about illegal immigration run amok, with President Donald Trump calling the verdict a complete travesty of justice.
Garcia Zarates lawyer, Cliff Gardner, filed a motion on Friday with the First District Court of Appeal in San Francisco, asking the court to overturn his clients conviction and order a new trial because Superior Court Judge Samuel Feng did not instruct the jury that momentary possession of a gun is not a crime, and the jury had no choice but to convict Garcia Zarate.
(Excerpt) Read more at foxnews.com ...
But what, instead, is The Establishment worried about...?
A fat non-American from the Muslim Brotherhood getting killed half a world away.
The only thing the scumbag should get is a boot heal to his face on an endless cycle.
HE should be dropped.
From 35000 ft.
Into Mexico City.
But give him a parachute.....with no strings attached.
“Revolving Door Deportation” means little in a Sanctuary State like California. If he is ever actually deported, my guess is he will simply return as soon as he can hitch a ride with the latest Caravan.
No worries. After CW 2.0 we’ll be deporting the lawyer too.
How did this scumbag beat the rap in the first place ?
The daughter of a friend of mine is married to a person who knows the Steinle family. They didn’t blame the killer because they said he was “mentally deficient” and it wasn’t his fault. They hate that this became a political matter.
I say if he weren’t here it wouldn’t have happened and how stupid was he to make it to a generous sanctuary city after being deported multiple times.
I am really sick of “undocumented immigrant”.
They are fraudulently documented foreigners.
California couldn’t afford a conviction, not now during their battle against President Trump and America.
PING
Gory, Gory what a helluva way to die ...
This illegal thug momentarily possessed a firearm and momentarily murdered an innocent girl. It’s a shame he can’t be momentarily deported and momentarily removed from his aircraft without a parachute at 10,000 feet.
I prefer “illegal alien migrant.”
Understand HE didn’t make that filing, some left wing nutter pro bono attorneys did.
I think this guy had already been deported 7 times from the USA.
MOMENTARY? BS.!!!!
He stole the gun from a car parked near the pier. He had possession of the gun for much more than ‘moments’.
His lawyer should be disbarred for such an argument.
A long time ago, I was acquaintened with a member of the family. I am not surprised the parents dont blame the perp. Hes mentally deficient, so they are not worried about him being in the general population again? So he can maybe murder someone elses beautiful daughter? How very Democrat of them.
Best Lawyer Ever.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.