Gun Charge Conviction Overturned
On July 1, 2015, Kate Steinle was walking in San Francisco when she was shot and killed. The alleged shooter was Jose Inez Garcia Zarate, a Mexican national who was in the United States illegally. He had previously been deported from the United States five times, and was set to be deported a sixth time when he was brought to San Francisco on a 20 year old warrant for possession of marijuana. When the charge was dismissed, he was released under the city’s sanctuary policy.
Mr. Garcia Zarte claimed that the shooting of Ms. Steinle was unintentional. He had picked up the gun — which had been stolen by an unknown person and wrapped in a t-shirt — from under a bench on Pier 14. It went off accidentally, ricocheted off of the pier, and stuck Ms. Steinle, killing her. He then threw the gun into the water to stop it from firing again. He was acquitted at trial of homicide charges, but convicted of being a felon in possession of a firearm.
This case was a focus of the 2016 presidential campaign, as then-candidate Donald Trump held it up as an example of everything wrong with immigration (particularly illegal immigration) and sanctuary city policies. The case was used also as justification for building a border wall.
In late August, a California appellate court overturned the sole conviction in the Steinle case. According to a criminal defense attorney Los Angeles, CA, the decision rested on the trial court’s failure to instruct the jury on the issue of momentary possession of a firearm. This is different from possessing a firearm, as it involves briefly possessing a firearm for the purpose of destroying or disposing of the gun (as long as they are not attempting to prevent law enforcement from seizing the weapon). During deliberations, the jury sent a question to the judge asking about the definition of possession, but the judge did not instruct the jury on momentary possession.
Under California law, it is against the law for a felon to possess a firearm. A felon is anyone who has been convicted of a felony offense in any state, or by any government or country. In California, possession means having control over an item. This may be through actual possession, which involves having direct, physical control over a firearm, or through constructive possession, which means that you have access to the firearm or the right to control it. As a criminal defense attorney Los Angeles, CA can explain, Mr. Garcia Zarte’s attorneys argued that he never had possession of the gun in the Steinle case. He only handled it briefly in order to throw it away. If he didn’t have possession, then he cannot be convicted of the crime of felon in possession.
For Mr. Garcia Zarte, however, the case is not over. Under a June 2019 Supreme Court ruling, there is an exception to the double jeopardy rule: a defendant can be tried in both federal and state court for the same crime. This means that Mr. Garcia Zarte will now be tried for this crime in federal court.
The Chambers Law Firm is highly skilled at representing individuals who have been charged with a range of crimes, including those related to weapons possession. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney Los Angeles, CA.
