The Mercury News

Attorneys: Drop the gun charge

Lawyers for Zarate call the charges on two counts ‘unduly prejudicia­l’ as the Steinle trial continues

- By Angela Ruggiero and Nate Gartrell Staff writers

SAN FRANCISCO >> Attorneys for an undocument­ed immigrant acquitted of fatally shooting Pleasanton native Kate Steinle have filed a motion asking for one of two gun charges to be dropped in federal court.

Tony Serra, the San Francisco attorney representi­ng Jose Inez Garcia Zarate, and co-counsel Maria Belyi filed the motion last week in the northern district of U.S. District Court.

The motion asks to compel the prosecutio­n to dismiss either the first count, being a felon in possession of a firearm, or the second, being an alien illegally in the United States in possession of a firearm and ammunition.

Belyi told this newspaper Monday that charging on both counts is “unduly prejudicia­l.”

The conduct alleged is the same, but the only difference between the two counts is one alleges that he is an illegal alien, the other that he is a felon, she said. Zarate’s attorneys argue in the motion that this would violate the prohibitio­n against double jeopardy — the prosecutio­n of a person twice for the same crime.

After a four-week trial that drew national attention, a jury in November acquitted the Mexican national of murder, involuntar­y manslaught­er and assault with a semiautoma­tic firearm in the July 1, 2015, shooting of Steinle on San Francisco’s Pier 14. Jurors convicted him of being a felon in possession of a firearm.

Zarate was sentenced to three years in prison on the gun possession charge in San Francisco Superior Court but he did not have

to spend any more time in state custody because of credit for time already served.

He was then turned over to federal authoritie­s for the two similar gun possession charges. Serra said in January that he planned to take a different approach to the case.

Both Serra and Belyi called the case a “vindictive prosecutio­n” by the Trump administra­tion.

“A vote for guilty in the federal case is a vote for Trump,” Serra said, adding that Garcia Zarate is “being made a martyr to the racist perspectiv­e of Trump.”

Defense attorneys for Zarate had argued that the shooting was an accident, suggesting that he found the gun on the pier and that it accidental­ly discharged when he touched it, with the bullet ricochetin­g 78 feet before hitting the 32-yearold Steinle. He threw the gun into the water after it fired.

He is expected to enter a plea Tuesday in federal court where the defense expects a date to be heard on this motion.

Abraham Simmons, spokesman for the northern district of the US Attorney’s Office, declined to comment on the case.

 ??  ?? Jose Ines Garcia Zarate
Jose Ines Garcia Zarate

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