Jose Garcia-Zarate, the illegal immigrant who was acquitted in the death of 32-year-old Kate Steinle in December, is accusing the us government of “ vindictive prosecution plus collusion” in its decision to go after further charges against him.
Garcia-Zarate was acquitted in November associated with first and second degree homicide and involuntary manslaughter in the This summer 2015 shooting death of Steinle at the San Francisco pier. The case grew to become a political lightning rod within the national debate over sanctuary town laws and illegal immigration.
Zarate have been released from a San Francisco jail a couple of months before the shooting, despite a ask for by immigration authorities to detain him for deportation – resulting in scrutiny and criticism of the city’s “sanctuary city” laws.
Steinle was strolling with her father on Boat dock 14 in San Francisco in Come july 1st 2015 when she was chance. Garcia-Zarate’s legal team contended that he found the stolen tool on the pier, and it fired unintentionally. The bullet bounced off the boat dock before hitting Steinle. Garcia-Zarate had been found guilty of possessing a gun by a felon.
Days after the verdict, analysis grand jury indicted Garcia-Zarate upon charges of being a felon within possession of a firearm and becoming “ an alien illegally plus unlawfully in the United States in possession of the firearm. ”
Garcia filed a movement requesting documents related to the government case on Tuesday in the Oughout. S. District Court in the North District of California, the Courthouse Information reported. The movement claims that the case is accusing him of the same allegations he or she was already convicted for in condition court – a violation associated with double jeopardy laws – which he is being vindictively prosecuted with the federal government.
“The true federal interest in pursuing this particular prosecution is to punish and create an example out of Mr. Garcia-Zarate intended for his high-profile acquittal in condition court, ” the motion says. “This prosecution seeks to demonstrate to the high-profile defendant, especially one that is definitely an undocumented immigrant, that their prosperous exercise of due process legal rights will not be respected and will result in the particular heavy hammer of a federal criminal prosecution. ”
The motion points to the nationwide publicity surrounding the case and how then-candidate Donald Trump used the case being a symbol of the dangers of unlawful immigration, calling Garcia-Zarate an “ animal. ” As president, Trump branded the verdict “ disgraceful” and a “ travesty of proper rights. ”
The particular motion also points to remarks made by Attorney General Jeff Classes in which he blamed San Francisco’ s sanctuary city policy following the verdict, noting that he would not happen to be on the streets “ if the town simply honored” a detainer simply by Immigration and Customs Enforcement.
The movement claims that with that backdrop, the us government was “ critically involved” within Garcia-Zarate’ s initial prosecution, which includes producing video, the weapon, as well as the production of witnesses for wondering in the case.
“ Mr. Garcia-Zarate contends that this prosecution against your pet is vindictive, in violation from the Due Process Clause of the 14th Amendment and violates Double Peril clause of the Fifth Amendment due to ongoing collusion between the State associated with California and the federal government, ” the particular motion reads.
“ Through counsel, Mister. Garcia-Zarate intends to bring motions in order to dismiss this prosecution on all those grounds. ”
Garcia-Zarate’s motion seeks breakthrough of all documents and correspondence involving the federal government and local authorities related to the situation.