Kate Steinle and Jose Zarate. Fox News
In a shocking verdict, the illegal immigrant accused of killing Kate Steinle has been acquitted of most charges. Fox News. Jose Ines Garcia Zarate was found guilty of possessing a firearm but was found not guilty of 2nd degree murder and assault with a weapon. The case ignited a firestorm about immigration because Zarate had been deported before but was in the country because of San Francisco's sanctuary city laws. The jury did not hear any evidence about Zarate's status as an illegal immigrant. Zarate claimed that the incident was an accident and the gun went off after he picked it up, ricocheting off the ground and killing Steinle.
My Comment:
Awful result in this case. People are furious with this verdict and with good reason. Zarate should have never been in this country and should have been deported a long time ago. Indeed, he should still be deported now, after he serves his time for the gun crime he was convicted with.
It's unclear why the jury gave this verdict. I think there are a couple of possibilities. First, this may have been a case of jury nullification. The case made national headlines and was a major part of Donald Trump's campaign. People in San Francisco like their sanctuary cities laws and despise Trump. Though I am sure the jurors were screened for knowledge of this case it would only take one jury with a grudge against Trump to convince the others that an acquittal here would be a middle finger to Trump.
Such acquittals have happened in the past but if that is what happened here than it is fairly disgusting. Whatever your thoughts on Trump it shouldn't have any effect on this case. Just because of who Zarate was and who Trump is doesn't mean you should let him off. If this case turns out to be jury nullification than we will need to have a major discussion about the role of juries. The idea that people could hate Trump so much that they would let a murder walk free is beyond the pale.
It's possible that something else is going on though. I guess it is conceivable that the jurors could have bought the defenses argument that this was nothing more than a tragic accident. Doing so would extend more charitably that I am willing to grant at the moment, but it is certainly possible the verdict wasn't politically motivated. In California 2nd degree murder requires "malice aforethought" which means a truly accidental murder would not count. Believing this to be a tragic accident is possible I guess, but requires quite a bit of faith in the defendant.
I think the prosecution made a major mistake in not charging Zarate with manslaughter as well. Manslaughter doesn't require intent and the defenses argument would have had no merits on a charge of manslaughter. If the jury really did believe that this was an accident, at least Zarate would have gotten some justice. It would be a hollow victory but it would be better than Zarate getting away with only a gun charge. I know many prosecutors like to avoid including lesser charges to force a longer sentence but this is the risk you take. People would still be mad at a manslaughter conviction but not nearly as mad as they are now with an acquittal.
Speaking of guns, I think the general ignorance of firearms may have played a role in this case. Even if you buy the argument that this wasn't intentional, which I don't, Zarate was still breaking all the rules of gun safety. He shouldn't have had his finger off of the trigger and not been pointing the gun anywhere near people. The fact that he didn't shows that he was criminally negligent at the least and acting in malice at worst. Also, I doubt that Zarate was so unfamiliar with guns that he didn't know this.
I think this will become a rallying cry for the anti-immigration right. Steinle was already regarded as a martyr by the right, even if her family wasn't quite comfortable with that role. I am guessing there will be a lot more pressure on sanctuary cities to back down and start sharing info on illegals. Already there is talk about boycotting San Francisco, though I would say that most people who disagree with sanctuary cities are already doing so.
I am hoping that this pressure will allow something to happen on immigration. Though the push to punish sanctuary cities has failed due to activist judges, the wall could still happen. I am guessing a lot of people are going to be calling their representatives and pressuring them to fund Trump's wall. Hopefully it will be enough to get funding passed for it. Something good has to come from this...
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