Posted on 12/04/2017 5:29:36 PM PST by KJC1
Defense attorneys who won acquittal for a homeless undocumented immigrant on murder, manslaughter and assault charges in the shooting of Kate Steinle on a San Francisco Bay pier will seek to have the sole conviction in the case dismissed as well, they said Monday.
(snip)
Now the defense says the conviction is inconsistent with the jurys larger acquittal. If the panel believed Steinle may have been killed by an accidental discharge, lawyers assert, Garcia Zarate should not be held responsible for possessing the weapon even though he threw it in the bay as Steinle lay dying.
Matt Gonzalez of the San Francisco Public Defenders Office, the lead attorney in the case, said he will appeal the charge at some point after Garcia Zarates Dec. 14 sentencing in Superior Court. Gonzalez said his appeal will contend jurors should have been told that momentary possession of a gun is not necessarily a crime.
(Excerpt) Read more at sfgate.com ...
“momentary possession of a gun is not necessarily a crime.”
yes, maybe if you pick it up and no one gets hurt/killed.
Hurt or killed then yes that is a problem, likely some sort of crime BECAUSE you “momentarily” possessed the gun.
Why not buy the guy a house on Snob Hill? /VHS
..followed by a proclamation by the city council that July 1st. will be forever known as Jose Inez Garcia Zarate Day.
...
So you’ve got to ask yourself one question...
Do I feel lucky?
the acquittal on other charges terminates jeopardy. can’t touch him.
Take the leg and let him go.
But violations of the Endangered Species Act are prosecuted in federal courts, not local courts.
They’ll get it too. It’s not logically consistant to charge him with the gun position if the jury believed accidentally fired the gun while picking it not knowing what it was. Which is why it’s clear this jury was sending a political message with their verdict.
“Gonzalez said his appeal will contend jurors should have been told that momentary possession of a gun is not necessarily a crime.”
Under California Law, you can’t even loan a handgun to a friend to use out of your personal sight.
“illegal alien scum buckets” are Wildlife endangered by Trump....
American laws do not apply to Mexicans in Mexifornia.
I read here, that if Kate were a spotted owl, hed be jailed for 20 years.
ditto
The killer was member of a drug cartel so, while he may be unskilled with firearms, it's hard to believe he was unfamilar with guns.
His lack of shooting skill may undermine the defense claim he did not intend to shoot the victim, he was just too bad.of a shot
I worked on a fishing boat in the early 60s. The captain hated sea lions and told us hed shoot them. He never did while I was on the boat but even then there were severe penalties for harming sea lions. American women, apparently not so much.
What about the illegal firing of a weapon within city limits.
I think they should also ask for a couple of hundred thousand dollars for inconveniencing him with the prosecution and trial.
The other day I said that the killer should be humped to death by one of the seals he claims he was shooting at. Put the lawyer down there as well.
In my view this stupid, arrogant Gonzalez character has screwed every illegal alien in the country and is too stupid and arrogant to recognize what he has done.
“:^)
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