A California appeals court has overturned a gun conviction for an undocumented immigrant acquitted in the 2015 shooting death of Kate Steinle in San Francisco
The court reversed a 2017 verdict that found Jose Inez Garcia Zarate guilty of being a felon in possession of a firearm, saying the court erred in not instructing jurors of an option to acquit him.Garcia Zarate was acquitted in November 2017 of murder and involuntary manslaughter charges as well as assault with a deadly weapon in Steinle's death. Days later, he was indicted on federal gun charges.
Read MoreThe appeals court found that trial evidence"permits at least two reasonable inferences." One, that Garcia Zarate knew he was holding a gun and didn't possess it"solely with an intent to dispose of it." The second inference is that he didn't know he was holding a gun until it went off, and he threw it to prevent it from firing again, the court said.
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