in the vicinity
Man acquitted in Steinle case goes back to court
Zarate waits for the conviction for possession of a weapon.
Track Jose Garcia-Zarate, the illegal immigrant who was acquitted in the death of 32-year-old Kate Steinle in December, accused the Federal government of “vindictive prosecution and collusion” in his decision to further charges against him.
Garcia-Zarate was acquitted in November of the first-and second-degree murder and involuntary manslaughter in July of 2015, shooting death of Steinle, at the San Francisco pier. The case became a political lightning rod in the national debate over sanctuary city laws, and illegal immigration.
Zarate has been released to work by a San Francisco prison a few months before the shooting to arrest despite a request by the foreigners authority for the deportation to control and criticism of the city’s “sanctuary city” laws.
Steinle was shot and killed walking with her father at the Pier 14 in San Francisco in July 2015, if you. Garcia-Zarate argued the legal Department that he had the stolen gun on the pier, and it fired accidentally. The ball bounced from the pier in front of the beat of Steinle. Garcia-Zarate was found guilty of being in possession of a firearm by a felon.
Days after the verdict, a federal grand jury, Garcia-Zarate accused at the cost of being a perpetrator in possession of a firearm, and not “an alien illegally and unlawfully in the United States, in the possession of a firearm.”
Garcia filed a motion requesting documents in connection with the Federal case on Tuesday in U.S. district court reported in the Northern District of California, the Courthouse News. The movement claims that the case accusing him of the same charges he was already convicted in state court – a violation of double jeopardy – law – and he is pursued vindictively by the Federal government.
KATE STEINLE ACCUSED KILLER FOUND NOT GUILTY OF MURDER, TO BE DEPORTED
“The true Federal interest in the prosecution of this pursuit is to punish and make an example of Mr. Garcia-Zarate for his high-profile reads a verdict of acquittal in the district court,” the application. “This Prosecutor is trying to show, for all the high-profile defendant, especially one that is an undocumented immigrant, the successful exercise of the “due process” rights are not respected, and lead to the heavy hammer of Federal prosecution.”
The movement of the points on the national publicity surrounding the case, and how then-candidate Donald Trump used the case as a symbol for the dangers of illegal immigration, calls Garcia-Zarate is a “beast”. As President, trump-branded the ruling “scandalous” and a “travesty of justice”.
A shameful verdict in the Kate Steinle case! No wonder that the people in our country are so angry with the Illegal immigration.
— Donald J. Trump (@realDonaldTrump) 1. December 2017
The motion also points to the remarks by attorney General Jeff Sessions, in which he blamed San Francisco’s sanctuary city policy after the verdict, noting that he would have to go on the road,” if the city honored simply” detainer by Immigration and Customs Enforcement.
The movement claims that with this background, the Federal government was “critical ” involved” in Garcia-Zarate, the initial prosecution, including the production of Videos, the weapons, and also the production of the witnesses for the hearing in the case.
A lawyer in Steinle case of questions, the fed’s interest in Zarate
“Mr. Garcia-Zarate claims that this persecution is against him is vindictive, in violation of the Due Process clause of the fourteenth Amendment and in violation of the Double Jeopardy clause of the Fifth Amendment because of the current agreements between the state of California and the Federal government,” reads the motion.
“Through the Council, Mr Garcia-Zarate motions to dismiss, the prosecution on those grounds.”
Garcia-Zarate is looking for the movement, the discovery of all documents and correspondence between the Federal government and local authorities in connection with the case.
Adam Shaw is a political Reporter and occasional opinion writer for FoxNews.com. He can be reached here or on Twitter: @AdamShawNY.