By HARRY HURLEY
Political Columnist
One final indignity for the Kate Steinle Family has arrived. An American federal court has once again ruled against them, in favor of an illegal alien, who shouldn’t be here in the first place.
To refresh your memory, Kate Steinle was senselessly shot and killed in a very proud Sanctuary City (San Francisco) on July 1, 2015. She was struck by a bullet while taking a walk with her father and a friend of the family on the San Francisco waterfront pier.
Jose Inez Garcia-Zarate was here in America illegally and has been deported (back to Mexico) five times.
Incredulously, Garcia-Zarate was previously acquitted (in 2017) of a long list of serious charges:
First-degree murder
Second-degree murder
Involuntary manslaughter
Assault with a semi-automatic weapon
He had been convicted of Possession of a firearm.
However, the 1st District Court of Appeals in San Francisco has overturned the lone conviction. Their rationale is bizarre and deeply disturbing. This kook, leftist court has actually officially ruled that the lower court Judge failed to give the jury the opportunity to acquit Garcia-Zarate on the completely bogus theory that he had only possessed the weapon for only a moment.
This rationale is completely irrelevant, because Garcia-Zarate admitted that he possessed the weapon. How can you hold a gun and not “possess” it? This is what these liberal politicians, who wear judicial robes have resorted to.
Now, in Bizarro World, there is a time requirement in order to “possess” a weapon.
“These questions go to the heart of a momentary possession defense,” Justice Sandra Marguiles wrote in the unanimous 3-0 decision. “The fact that the jury was not instructed whether there was a time requirement for possession suggests the jurors were wrestling with how long the defendant had the gun.”
This is absurd. Garcia-Zarate admitted he possessed the gun. Garcia-Zarate admitted to possessing the gun, saying that he didn’t know that he picked it up and that it was wrapped in a tee shirt. Garcia-Zarate blames the gun for firing accidentally.
A ballistics expert testified at the trial that the gun in question will not fire unless you pull the trigger.
I don’t believe Garcia-Zarate’s bogus story one bit. However, let’s just suspend belief for a moment and say his story is true. Wouldn’t that make Garcia-Zarate guilty of at least involuntary manslaughter?
The gun belonged to a federal Bureau of Land Management Ranger. It had been stolen from his parked car a week before Steinle was killed.
Garcia-Zarate remains in jail. He still faces federal charges of gun possession and for being here in America illegally.
Garcia-Zarate’s attorney, Tony Serra said, “That kind of error causes reversals all the time. Then the prosecution has the prerogative of going again,” said Serra. “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,” said Serra.
The San Francisco district attorney’s office hasn’t decided if they will appeal the 1st District Court decision.
The even crazier 9th Circuit (Circus) Court of Appeals has previously ruled that Kate Steinle’s parents cannot sue the self-proclaimed (San Francisco) “Sanctuary City” for wrongful death. Yes, this joke, circus court ruled that (despite the fact that it’s federally illegal) a Sanctuary City has been granted protection from this court.
The Steinle family lawsuit attempted to hold the Sanctuary policy and San Francisco County Sheriff Ross Mirkarimi were responsible for Steinle’s death, because their policy allowed Garcia-Zarate to stay in America time-and-time, again.
Can you even imagine what has gone throw the minds of the Kate Steinle family over their years of agony? Kate died in her Father’s arms saying, “help me Dad.” Yet, every judicial decision to date has ended in the favor of the illegal immigrant, who should not be here in the first place.
USCIS Acting Director Ken Cuccinelli said, “Kate Steinle was tragically killed because San Francisco proudly proclaims itself a sanctuary city. How many more innocents will die before sanctuary cities stop harboring violent criminals? This defies common sense, public safety and human decency.”
The Steinle death became a flash point for the issue of illegals being protected by liberal elected and appointed officials. President Donald Trump raised the issue often during the 2016 campaign.
Please remember that we had a New Jersey Family killed by an illegal immigrant. It is disgusting that New Jersey is a “Sanctuary State.” Governor Phil Murphy and his fellow Democrats are proud of this accomplishment.
A Murphy state directive actually prohibits local, county and state law enforcement authorities from cooperating with Immigration and Custom Enforcement (ICE).
Be honest. Could you have ever imagined that radical Democrats would work against its own citizens in this manner?
In every normal era in American history, never before have government officials implemented such radical measures. Murphy and the Democrats are regularly striving to provide illegals with more and more rights. Many times, they grant illegals more rights than our own citizens.
I don’t believe that any American citizen could have received the preferential treatment that Garcia-Zarate has experienced in our judicial system.
The time has come for the United States Department of Justice to bring criminal charges against all elected and appointed officials who have engaged in the creation and implementation of Sanctuary States or Cities.
Illegals that they directly protect, have murdered, raped, assaulted, robbed and committed other serious offenses with increasing regularity.
The enablers who allow them to remain here illegal, should be charged directly and as accessories to their crimes.
Make no mistake about it. The radical Democrat Socialists real plan is to grant illegals the right to vote in American elections. California has already done this … in blatant violation of The United States Constitution.
Honest, law abiding Americans of good faith must rally together and put an end to this insanity.
Do you want to hold your dying child in your arms, as life leaves their body and they leave you forever with their final words being “Help me Dad”!
Harry Hurley is the president of Harry Hurley Consulting and Communications, LLC. He hosts the daily talk radio program “Hurley in the Morning” 6-10 a.m., weekdays on Townsquare Media, WPG Talk Radio 104.1 FM & 1450 AM, where he also serves as the senior programming consultant. Harry was elected to both the Philadelphia (2013) and New Jersey (2015) Radio Broadcasting Hall of Fame. Harry Hurley has also been selected (2015-2019) as one of the Top 100 Most Important Talk Radio Hosts in America by Talkers Magazine. Hurley is the inaugural recipient of the New Jersey Broadcasters Association “Broadcaster of the Year” (2019). Hurley was also selected by The Broadcast Pioneers of Philadelphia as the Broadcaster/Person of The Year for Philadelphia (2019). Hurley is performing national fill-in, on-air talent work for FOX News Radio on their nationally syndicated platforms. www.harryhurley.com. Send comments to HarryHurley@aol.com
