The California Court of Appeals on Friday overturned a lone sentence against an undocumented immigrant who shot and killed Kate Steinle on the San Francisco coast in 2015, a case that caught national attention and turned the light on the immigration debate. .  Jose Ines Garcia-Zarate, who was illegally deported to his native Mexico five times in the United States, was acquitted in November 2017 of first and second degree murder, involuntary manslaughter and assault with a semi-automatic weapon. He was convicted of one count of felony possession of a firearm.
On Friday, the First Court of Appeal in San Francisco overturned this sentence because the judge failed to give jurors the opportunity to justify Garcia-Zarate to the theory that he only had the weapon for a moment.
KATE STEINL'S PARENTS CAN'T BE THE CONSTANT CITY FOR INDEPENDENT DEATH, 9TH RULES ARE REDUCED and stay in the country illegally. His lawyer, Tony Serra, told the Associated Press that the trial should start on January 1
"This kind of mistake causes the cancellation. All the time. Then the prosecution has the prerogative to continue again," Serra said. "The State Case is a Worse Case because it is a Murder and a Gun … It will be a big potential decision for what they will do."
32-year-old Steinell died on July 1, 2015, after as she was hit by a bullet while walking with her father and family friend. Garcia-Zarate claims that he inadvertently picked up the gun, which was wrapped in a T-shirt, and fired it by accident.
The gun belonged to the ranger of the Federal Bureau of Land Management and was stolen from his parked car a week earlier.
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Earlier this year, the 9th Court of Appeals upheld a lower court's decision to dismiss a wrongful death case filed by Steinle's parents vs. San Francisco. The court says the city's so-called sanctuary policy and San Francisco County Sheriff Ross Mirkarimi are responsible for Steinell's death.
Three months before the murder, Garcia-Zarate was released from custody after a drug case against him was canceled. The sheriff's office, which terminated contacts between prison and immigration officials, ignored a request by federal authorities to detain Garcia-Zarate while they could take custody, and did not inform them that he was released.
Fox News "Elizabeth Zwirtz and Elizabeth Llorente contributed to this report, along with the Associated Press.