A Mexican national who touched off a fierce immigration debate over his role in the shooting death of a woman walking on a San Francisco pier is seeking to overturn his felony gun possession conviction. It was the only charge he was found guilty of after a jury acquitted him of murder.
Lawyers for Jose Inez Garcia-Zarate filed the expected appeal last week.
Zarate's lawyer says his client didn't know he picked up a gun when it fired and fatally struck Kate Steinle in the back as she walked with her father on the pier in 2015. The lawyer says that is because it was wrapped in a t-shirt and momentary and accidental possession of a gun is not a crime.
Since Zarate was busted on a gun charge that kept him behind bars, he is again waiting to be deported.