USA TODAY US Edition

Murder trial begins for ‘Kate’s Law’ suspect

Undocument­ed immigrant had been deported five times

- Bart Jansen @ganjansen

A murder trial opened Monday in San Francisco against an undocument­ed Mexican immigrant charged with killing a woman in a case that highlighte­d a disconnect in immigratio­n enforcemen­t measures and fueled calls for President Trump’s border wall.

Jose Ines Garcia Zarate, 54, is charged with second-degree murder in the shooting death of Kate Steinle, 32. She was shot in the back on July 1, 2015, as she posed for pictures with her father on a pier in San Francisco.

In court appearance­s, Zarate has replied “not guilty” repeatedly in English and Spanish. His lawyer, Matt Gonzalez, said Monday outside court that the defendant wasn’t criminally responsibl­e because he found the

.40-caliber Sig Sauer and wasn’t aware it was a gun when it accidental­ly went off.

But prosecutor­s have portrayed Zarate, who faces a maximum sentence of 15 years to life in prison, as a danger.

“This was an act of random violence,” Assistant District Attorney Diana Garcia said in 2015.

Zarate became a lightning rod for complaints about illegal immigratio­n even before the trial began. He had been deported five times before the shooting, most recently in 2009.

His criminal history dated to

1991, with seven non-violent felony conviction­s, including four narcotics charges.

Before last year’s presidenti­al election, Trump tweeted that the case illustrate­d the need for a border wall.

Another aspect of the case deals with “sanctuary cities,” which don’t recognize some federal immigratio­n orders.

San Francisco became a sanctuary city in 1989. A local ordi- nance prohibited employees from helping Immigratio­n and Customs Enforcemen­t with immigratio­n investigat­ions or arrests “unless such help is required by federal or state law or a warrant.”

Zarate most recently served five years in a federal prison in Victorvill­e, Calif. When he was released, ICE sent him to San Francisco on March 26, 2015, for a 1995 warrant accusing him of selling $20 worth of marijuana.

ICE also requested an immigratio­n detainer so the agency would be notified if he was released.

The charges were dropped the next day. On April 15, 2015, Zarate was freed from the San Francisco County Jail. Freya Horne, chief legal counsel to the county sheriff who runs the jail, told CNN that he was let go because there was no legal cause to detain the suspect.

At the time, former sheriff Ross Mirkarimi defended releasing Zarate, who was held two weeks longer than required by the department’s rules, but ICE hadn’t placed a warrant or court order against Zarate.

The House passed what has become known as Kate’s Law in June, and it is pending in the Senate. The bill would increase penalties for undocument­ed immigrants who repeatedly enter the country.

 ?? MICHAEL MACOR, AP ?? Jose Ines Garcia Zarate is charged with second-degree murder in the shooting death of Kate Steinle, 32, in 2015.
MICHAEL MACOR, AP Jose Ines Garcia Zarate is charged with second-degree murder in the shooting death of Kate Steinle, 32, in 2015.

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