First Circuit Court of Appeals Overturns Conviction Against Kate Steinle’s Illegal Immigrant Killer on “Technicality”

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FoxNews.com reports that

A California state appeals court Friday overturned the lone conviction against an undocumented immigrant who shot and killed Kate Steinle on the San Francisco waterfront in 2015, a case which drew national attention and became a flashpoint in the debate over illegal immigration.

Jose Inez Garcia-Zarate, who was in the U.S. illegally had been deported to his native Mexico five times, 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 being a felon in possession of a firearm.

On Friday, the 1st District Court of Appeal in San Francisco overturned that conviction because the judge failed to give the jury the option of acquitting Garcia-Zarate on the theory he only possessed the weapon for a moment.

Prosecutors argued that the jury instruction lapse was harmless because Garcia-Zarate admitted firing the gun and experts said he couldn’t do so without pulling the trigger. The court disagreed, saying the jury’s verdict showed they rejected the prosecution theory that the shooting was intentional or even negligent and they had asked the judge to define possession and whether there was a time requirement for possession.

“These questions go to the heart of the momentary possession defense,” Justice Sandra Margulies wrote in the 3-0 decision. “The fact the jury asked whether there was a time requirement for possession suggests jurors were wrestling with how long [the] defendant had the gun.”

Garcia-Zarate remains in custody and is facing federal charges of gun possession and being in the country illegally. His attorney, Tony Serra, told The Associated Press that trial is scheduled to begin Jan. 13 and added that the appeals court reversal will give prosecutors the option to re-try Garcia-Zarate.

“That kind of error causes reversals all the time. Then the prosecution has the prerogative of going again,” Serra said. “The state case is a heavier case because it’s a homicide and a gun. … It’s going to be a big potential decision on what they’re going to do.”

The San Francisco district attorney’s office was weighing its options, spokesman Alex Bastian said.

Steinle, 32, died on July 1, 2015, after she was struck by a bullet while walking with her father and a family friend. Garcia-Zarate claimed he unwittingly picked up the gun, which was wrapped in a T-shirt, and it fired accidentally.

The gun belonged to a federal Bureau of Land Management ranger and was stolen from his parked car a week earlier.

Earlier this year, the 9th Circuit Court of Appeals upheld a lower court decision to dismiss a wrongful death lawsuit filed by Steinle’s parents against San Francisco. The lawsuit maintained that the city’s so-called sanctuary policy and San Francisco County Sheriff Ross Mirkarimi bore responsibility for Steinle’s death.

Three months before the killing, Garcia-Zarate was released from custody after a drug case against him was dropped. The sheriff’s office, which had ended contact between jail employees and immigration officials, ignored a request by federal authorities to hold Garcia-Zarate until they could assume custody and did not inform them that he was being released.

Unbelievable.

An individual who entered our Sovereign Nation illegally and murdered one of our citizens is freed by a Liberal Appeals Court on a technicality so that he may go out and kill another young woman, sentencing her parents to grieve for the rest of their lives like the parents of Katie Stienle’s parents are..

Have you noticed that the Liberal Main Stream Media always leave out the word “illegal” to describe these lawbreakers, here in our Sovereign Nation without our permission, whom these Liberal Lawmakers from the First Circuit Court to congress to the Democratic Mayors of “Sanctuary Cities” are so hell-bent on protecting?

These Democrats are purposefully ignoring that while these “guests” (as Arizona’s Famous Sheriff Joe Arpaio’s successor has called them) are in our country illegally, they are committing other crimes as well…including MURDER.

On April 24, 2010, I wrote a post titled simply, “For Mr. Krentz”, detailing the murder of Arizona Rancher Robert Krentz by an illegal alien…

Police say Robert Krentz, whose family has been ranching in southern Arizona since 1907, was gunned down early Saturday morning, March 27th, 2010, by an illegal immigrant while out on his ATV tending to fences and water lines on the family’s 34,000-acre cattle ranch.

Reached by phone early Tuesday at his family’s ranch, Andy Krentz, Krentz’s oldest son, said his father was a churchgoing man who routinely went out of his way to help those in need.

“My father was a very good family man,” Krentz told FoxNews.com. “He supported his kids, supported his family. He went out of his way to help anybody we could without regarding to who they were. It didn’t matter who they were.”

Sue Krentz, Krentz’s wife, said she was “pretty overwhelmed” by her husband’s death, which coincided with her parents’ deteriorating health.

“This is icing on the cake,” Krentz said.

Rhe kicker is, the clownish excuses for city officials running these “Sanctuary Cities” are not only harboring fugitives like the ones who killed Kate Steinle and Robert Krentz, they are allowing them to vote!

Voting is an American Constitutional Right of self-determination.

Non-citizens have no such right.

I gave the following answer to a comment made by “Benito”, who submitted a rather lengthy comment to a blog I wrote about Illegal Immigration on May 19, 2010.

Benito, I approved your comment to ask you a few questions. First, you write very well. Next, a few questions. What part of the word “illegal” do you not understand? What makes the current influx of illegal immigrants exempt from the rules and regulations that every other generation of immigrants to this country had to abide by in order to become legal citizens of the greatest nation in the world? By being here illegally, you are not entitled to the same rights as natural-born or naturalized American citizens. You are no better than someone who breaks into someone’s home, does their dishes, cuts their yard, cleans their house, and then helps themselves to their food and drives their car without asking. This is in no way a human rights issue. Freedom is God-given. And with freedom comes responsibility. With citizenship comes responsibility, like paying taxes and making your own way. Illegal immigration reminds me of the amorous boyfriend who wants everything a young woman will give him, but will leave her at the first mention of marriage. I wish you no ill, amigo, but understand this: This is not a civil rights issue. Illegals do not have the same rights as American Citizens. With our rights, come the responsibilities of being an American citizen. The Mexican flag, by protocol, will always be flown in a subordinate position to the American Flag in this country. And, the American Dialect of the English language is the language spoken in this country.

Vaya con Dios.

Our Federal Taxes are being used to pay “Sanctuary Cities” to ignore our laws and house murderers, who, if our Immigration Laws were being properly enforced, would not be here killing innocent Americans. Compassion is one thing. Sanctuary Cities are an exercise in blatant, law-breaking stupidity.

I understand that people want a better life for themselves and their children. We are all immigrants in this land, except for American Indians, and they got here by crossing the Bering Straight. But there is a huge difference between immigrating here legally and sneaking in illegally, between assimilating into an existing culture, and insisting on replacing a country’s existing culture with that of the country you left.

I’m all for assisting anyone in becoming a legal citizen of the United States, if that is their wish. But, it must be done the right way, and they must accept responsibility for their illegal entry, show a willingness to learn our language, and embrace our American way of life, including respecting the American Flag.

Criminals are criminals, whether they are here legally or illegally.

They deserve no sanctuary.

Neither Kate Steinle nor Mr. Krentz deserved to be murdered by barbarians who had already broken our laws once by trespassing into our Sovereign Nation.

OUR FOUNDERS ESTABLISHED AMERICA AS ONE NATION UNDER GOD, INDIVISIBLE.

NOT THE TOWER OF BABEL OR SOME THIRD WORLD LAWLESS HELLHOLE WHERE LAWLESSNESS RULES.

Finish building the wall. Secure our borders. Enforce the existing anti-illegal immigration laws.

Kate Steinle, Robert Krentz, and the other American Citizens who have been killed by illegal immigrants deserve no less.

Until He Comes,

KJ

Obama to Allow Illegals to Stay Here By Executive Order

illegal immigration 7714While Republican Presidential Hopeful and Professional Firebrand, Donald J. Trump, heads toward America’s Southern Border, to talk with the American Citizens under siege down there, President Barack Hussein Obama is making plans to circumvent our System of Checks and Balances, in order to create new Democrat Voters.

The Washington Free Beacon reports that

The Obama administration is moving forward with plans to expand a waiver program that will allow additional illegal aliens to remain in the country rather than apply for legal status from abroad.

The Department of Homeland Security (DHS) issued a proposed rule on Tuesday that would make changes to a waiver program created by President Barack Obama’s executive action on immigration in 2013. The action created a waiver that primarily allowed illegal immigrants with a U.S. citizen spouse or parent to stay in the country instead of having to leave the United States and be barred from returning for three or 10 years, if they proved their absence would create an “extreme hardship” for their spouse.

The new rule expands eligibility to a host of other categories of illegal immigrants beyond those with citizen spouses and parents.

“DHS proposes to expand the class of aliens who may be eligible for a provisional waiver beyond immediate relatives of U.S. citizens to aliens in all statutorily eligible immigrant visa categories,” the proposed rule stated. “Such aliens include family-sponsored immigrants, employment-based immigrants, certain special immigrants, and Diversity Visa program selectees, together with their derivative spouses and children.”

The waivers allow illegal immigrants to stay in the country while they await visas, and avoid a penalty under U.S. law that bars persons who entered the country illegally from returning for at least three years.

An illegal immigrant who lives in the country for less than a year and then leaves is barred from reentering the United States for three years. Any time spent illegally in the United States over one year results in the illegal immigrant being inadmissible for 10 years. The waiver program allowed individuals to remain in the country and avoid these penalties.

“It’s a very bad policy,” said Jessica Vaughan, director of policy studies at the Center for Immigration Studies. “It makes it possible for illegal aliens to avoid the consequences established by Congress to deter people from settling here illegally and then laundering their status by adjusting to a green card.”

Vaughan, who has been following the issue for over two years, said the changes to the waiver program would increase fraud.

“It is a slap in the face to the many legal immigrants who abide by the law, follow the process, and wait their turn,” she said. “In addition, it will increase the likelihood of fraud in the marriage categories, which produce tens of thousands of new green cards each year.”

“Green cards are the golden ticket. Once you get a green cards you get welfare, you get tax credits, you get entitlements,” said a GOP Senate aide. “The U.S. hands out one million green cards every year, and these documents are bankrupting the country.”

DHS said it is proposing the rule based on its “broad authority” under the Homeland Security Act of 2002.

The rule would also broaden the category of those whom an illegal alien can claim their absence from the United States would create an “extreme hardship.” Previously, the waiver only could be given if the illegal immigrant has a spouse or parent who is an American citizen.

“DHS also proposes to expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include [legal permanent resident] LPR spouses and parents,” the proposed rule said.

The agency said the rule is intended to “prioritize the family reunification of immediate relatives of U.S. citizens over other categories of aliens.”

“The president should not be issuing executive actions that serve only to expedite the legalization process for those who have ignored our laws,” said Vaughan. “This legalization gimmick is undermining the integrity of our legal immigration system, and Congress should take steps to block it.”

The public will have 60 days to comment on the proposal.

So, with 40% of America’s Workforce giving up on the American Dream and dropping out of our workforce, King Barack the First has once again decided that he will increase the competition for America’s jobs, by issuing a Royal Decree (Executive Order) granting amnesty to those who have illegally entered our Sovereign Nation, to the detriment of legal American citizens.

In 2013, brilliant American Economist and Political Pundit, Dr. Thomas Sowell, was interviewed by Laura Ingraham, on her syndicated radio program. Here is what he had to say about Amnesty and the Economy:

That’s incredible. I mean —first of all to an economist, it is incredible to speak about shortages without talking about prices, in this case wages…You know there, there have been so many predictions of shortages of so many occupations and the shortages don’t materialize. And why not? Because if there is a shortage, the wage rate goes up. That attracts in more people and lo and behold, the jobs are filled.

In agriculture, the farmers would obviously prefer to get workers who get low pay rather than workers they have to pay a higher wage. And as long as there are an unlimited supply of farm workers coming in from Mexico, they will never have to raise the wages very much. They say Americans won’t do these jobs. These are jobs Americans have done for generations, if not centuries. And it’s a time when millions of Americans are out of work, and are looking for any kind of work. And so this is utter nonsense.

…They constantly talk about immigrants in the abstract. You know, there are no such thing as abstract immigrants. There are immigrants from country a, b, c, d. They are radically different. People coming in from some countries almost never go on welfare. Immigrants coming in from other countries go on welfare to a great extent. If we’re going to have a rational immigration policy, then we have to be able to decide what people, what countries, what occupations — things like that, instead of rushing everything through.

The other main thing though is that if we don’t control the borders, we don’t have an immigration policy because regardless of what policy you put on paper, if people can just walk across the border when they darn well please, then your policy means nothing. The other thing that bothers me is the Republicans seem to think we will give — illegal immigrants citizenship if they do a, b or c. Democrats say x, y and z. I don’t know why we need promise anybody citizenship before we get control of the borders and have time to sit down and think and look at the facts, and then try to draw up some rational policy.

In 1903,  Jacob A. Riis,  a reporter who was born in Denmark in 1849 and immigrated to America at the age of 21, wrote the following about the immigrants who landed at Ellis Island,

The railroad ferries come and take their daily host straight from Ellis Island to the train, ticketed now with the name of the route that is to deliver them at their new homes, West and East. And the Battery boat comes every hour for its share. Then the many-hued procession-the women are hooded, one and all, in their gayety shawls for the entry-is led down on a long pathway divided in the middle by a wire screen, form behind which come shrieks of recognition from fathers, brothers, uncles, and aunts that are gathered there in the holiday togs of Mulberry or Division Street. The contrast is sharp-an artist would say all in favor of the newcomers. But they would be the last to agree with him. In another week the rainbow colors will have been laid aside, and the landscape will be poorer for it. On the boat they meet their friends, and the long journey is over, the new life begun.Those who have no friends run the gauntlet of the boarding-house runners, and take their chances with the new freedom, unless the missionary or “the society” of their people holds out a helping hand. For at the barge-office gate Uncle Sam lets go. Through it they must walk alone.

I know that you have heard America referred to as a Melting Pot.

That phrase was actually made popular in the 1908 play, “The Melting Pot,” a stage play by Israel Zangwill that encouraged assimilation into our nation’s culture by the immigrants of the time.

Zangwill was the London-born son of Russian Jewish immigrants. His play made its debut in Washington in 1908 and played in New York for four months the next year. The main character is David Quixano, a Jewish immigrant, orphaned by a pogram, which is a massacre of Jews. Quizano lives with his uncle on Staten Island and becomes smitten with the daughter of a Russian nobleman.

In the end, the good guy(David) gets the girl, which inspires him to shout from the rooftop of a Lower East Side settlement house that “America is God’s crucible” and to proclaim: “What is the glory of Rome and Jerusalem where all nations and races come to worship and look back, compared with the glory of America, where all races and nations come to labor and look forward!”

What Petulant President Pantywaist and his sycophantic Liberal supporters in Washington, the Main Stream Media, and elsewhere fail to realize, is that you can’t buy loyalty to a nation. 

The British found that out with their hired German Mercenaries, the Hessians, during the Revolutionary War.

In their self-absorbed Political Greed, America’s professional politicians are setting the stage for the possible fall of our nation.

Legal Immigrants earned their citizenship. They showed that they were willing to become a part of the Great American Melting Pot (from the Schoolhouse Rock video of the same name).

Illegal Immigrants do not respect the laws of our land, to begin with. Why would that change, if they were given the rights of citizenship?

And, what about the 40% of America’s Workforce, who have dropped out due to frustration, depression, and aggravation?

How about taking care of those whom you are supposed to be serving, first, Mr. President?

Until He Comes,

KJ

Obama to Issue Amnesty E.O. Next Friday. Over 92 Million Americans Still Out of Workforce.

obamamyworkThis is an advertisement to the whole world, particularly Latin America, where it’s easy to get across the border, that you come into America illegally, it’s up to you, we do not control our borders, and if you wait long enough, and you make strong enough case and there’s enough pressure, we will legalize you – Dr. Charles Krauthammer

Yesterday, I wrote that Obama was gearing up to issue an Executive Order granting Amnesty to the criminals who have broken into our home.

Well, yesterday, the number one channel in cable news released the specifics.

Foxnews.com reports that

EXCLUSIVE: President Obama is planning to unveil a 10-part plan for overhauling U.S. immigration policy via executive action — including suspending deportations for millions — as early as next Friday, a source close to the White House told Fox News. 

The president’s plans were contained in a draft proposal from a U.S. government agency. The source said the plan could be announced as early as Nov. 21, though the date might slip a few days pending final White House approval. 

Obama was briefed at the White House by Homeland Security officials before leaving on his Asia-Pacific trip last week, Fox News has learned. 

The plan contains 10 initiatives than span everything from boosting border security to improving pay for immigration officers. 

But the most controversial pertain to the millions who could get a deportation reprieve under what is known as “deferred action.” 

The plan calls for expanding deferred action for illegal immigrants who came to the U.S. as children — but also for the parents of U.S. citizens and legal permanent residents. 

The latter could allow upwards of 4.5 million illegal immigrant adults with U.S.-born children to stay, according to estimates. 

Critics in the Senate say those who receive deferred action, according to U.S. Citizenship and Immigration Services, receive work authorization in the United States, Social Security numbers and government-issued IDs.

Another portion that is sure to cause consternation among anti-“amnesty” lawmakers is a plan to expand deferred action for young people. In June 2012, Obama created such a program for illegal immigrants who came to the U.S. as children, entered before June 2007 and were under 31 as of June 2012. The change would expand that to cover anyone who entered before they were 16, and change the cut-off from June 2007 to Jan. 1, 2010. This is estimated to make nearly 300,000 illegal immigrants eligible. 

One of the architects for the president’s planned executive actions at DHS is Esther Olavarria, the late Sen. Ted Kennedy’s former top immigration lawyer. 

Under the changes, Immigration and Customs Enforcement officers also would see a pay raise in order to “increase morale” within the ICE workforce. 

DHS also is planning to “promote” the new naturalization process by giving a 50 percent discount on the first 10,000 applicants who come forward, with the exception of those who have income levels above 200 percent of the poverty level. 

Tech jobs though a State Department immigrant visa program would offer another half-million immigrants a path to citizenship. This would include their spouses as well. 

The other measures include calls to revise removal priorities to target serious criminals for deportation and end the program known as “Secure Communities” and start a new program.

The planning comes as immigrant advocates urge Obama to act. As lawmakers returned for a lame-duck session, Democrats in Congress on Wednesday implored Obama to take executive action. 

So, with over 92, 600,000 giving up on the American Dream and dropping out of our workforce, King Barack the First has decided that he will increase the competition for America’s jobs, to the detriment of legal American citizens.

Last year, brilliant American Economist and Political Pundit, Dr. Thomas Sowell, was interviewed by Laura Ingraham, on her syndicated radio program. Here is what he had to say about Amnesty and the Economy:

That’s incredible. I mean —first of all to an economist, it is incredible to speak about shortages without talking about prices, in this case wages…You know there, there have been so many predictions of shortages of so many occupations and the shortages don’t materialize. And why not? Because if there is a shortage, the wage rate goes up. That attracts in more people and lo and behold, the jobs are filled.

In agriculture, the farmers would obviously prefer to get workers who get low pay rather than workers they have to pay a higher wage. And as long as there are an unlimited supply of farm workers coming in from Mexico, they will never have to raise the wages very much. They say Americans won’t do these jobs. These are jobs Americans have done for generations, if not centuries. And it’s a time when millions of Americans are out of work, and are looking for any kind of work. And so this is utter nonsense.

…They constantly talk about immigrants in the abstract. You know, there are no such thing as abstract immigrants. There are immigrants from country a, b, c, d. They are radically different. People coming in from some countries almost never go on welfare. Immigrants coming in from other countries go on welfare to a great extent. If we’re going to have a rational immigration policy, then we have to be able to decide what people, what countries, what occupations — things like that, instead of rushing everything through.

The other main thing though is that if we don’t control the borders, we don’t have an immigration policy because regardless of what policy you put on paper, if people can just walk across the border when they darn well please, then your policy means nothing. The other thing that bothers me is the Republicans seem to think we will give — illegal immigrants citizenship if they do a, b or c. Democrats say x, y and z. I don’t know why we need promise anybody citizenship before we get control of the borders and have time to sit down and think and look at the facts, and then try to draw up some rational policy.

In 1903,  Jacob A. Riis,  a reporter who was born in Denmark in 1849 and immigrated to America at the age of 21, wrote the following about the immigrants who landed at Ellis Island,

The railroad ferries come and take their daily host straight from Ellis Island to the train, ticketed now with the name of the route that is to deliver them at their new homes, West and East. And the Battery boat comes every hour for its share. Then the many-hued procession-the women are hooded, one and all, in their gayety shawls for the entry-is led down on a long pathway divided in the middle by a wire screen, form behind which come shrieks of recognition from fathers, brothers, uncles, and aunts that are gathered there in the holiday togs of Mulberry or Division Street. The contrast is sharp-an artist would say all in favor of the newcomers. But they would be the last to agree with him. In another week the rainbow colors will have been laid aside, and the landscape will be poorer for it. On the boat they meet their friends, and the long journey is over, the new life begun. Those who have no friends run the gauntlet of the boarding-house runners, and take their chances with the new freedom, unless the missionary or “the society” of their people holds out a helping hand. For at the barge-office gate Uncle Sam lets go. Through it they must walk alone.

I know that you have heard America referred to as a Melting Pot.

That phrase was actually made popular in the 1908 play, “The Melting Pot,” a stage play by Israel Zangwill that encouraged assimilation into our nation’s culture by the immigrants of the time.

Zangwill was the London-born son of Russian Jewish immigrants. His play made its debut in Washington in 1908 and played in New York for four months the next year. The main character is David Quixano, a Jewish immigrant, orphaned by a pogram, which is a massacre of Jews. Quizano lives with his uncle on Staten Island and becomes smitten with the daughter of a Russian nobleman.

In the end, the good guy(David) gets the girl, which inspires him to shout from the rooftop of a Lower East Side settlement house that “America is God’s crucible” and to proclaim: “What is the glory of Rome and Jerusalem where all nations and races come to worship and look back, compared with the glory of America, where all races and nations come to labor and look forward!”

What Petulant President Pantywaist and his sycophantic Liberal supporters in Washington, the Main Stream Media, and elsewhere fail to realize, is that you can’t buy loyalty to a nation. 

The British found that out with their hired German Mercenaries, the Hessians, during the Revolutionary War.

In their self-absorbed Political Greed, America’s professional politicians are setting the stage for the possible fall of our nation.

Legal Immigrants earned their citizenship. They showed that they were willing to become a part of the Great American Melting Pot (from the Schoolhouse Rock video of the same name).

Illegal Immigrants do not respect the laws of our land, to begin with. Why would that change, if they were given the rights of citizenship?

And, what about the 37.2% of America’s workforce, who have dropped out due to frustration, depression, and aggravation?

How about taking care of those whom you are supposed to be serving, first, Mr. President?

Until He Comes,

KJ