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Killing of Kate Steinle
Killing of Kate Steinle
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Killing of Kate Steinle
Pier 14, site of the shooting
Killing of Kate Steinle is located in San Francisco
Pier 14
Pier 14
Killing of Kate Steinle (San Francisco)
Location of the incident
DateJuly 1, 2015 (2015-07-01)
Time6:30 p.m.
LocationPier 14, San Francisco, California, United States
TypeAccidental homicide by shooting
DeathsKathryn Michelle "Kate" Steinle, aged 32
AccusedJosé Inez García Zárate (AKA Juan Francisco López-Sánchez)
ChargesState charges:

Federal charges:

  • Involuntary manslaughter (dropped)
  • Assault with a deadly weapon (dropped)
  • Being a felon in possession of a firearm
VerdictState charges:
  • Not guilty of second-degree murder and involuntary manslaughter
  • Guilty of being a felon in possession of a firearm (overturned)
Federal charges:
Pleaded guilty to being a felon in possession of a firearm
Sentence7 years in jail
Weapon.40-caliber SIG Sauer P239 handgun

On July 1, 2015, 32-year-old Kathryn "Kate" Steinle was shot and killed while walking with her father and a friend along Pier 14 in the Embarcadero district of San Francisco. She was hit in the back by a single bullet. The man who fired the gun, José Inez García Zárate, said he had found it moments before, wrapped in cloth beneath a bench on which he was sitting, and that when he picked it up the weapon went off. The shot ricocheted off the concrete deck of the pier and struck the victim, who was about 90 feet (27m) away.[1] Steinle died two hours later in a hospital as a result of her injuries.

On November 30, 2017, after five days of deliberations, a jury acquitted García Zárate of all murder and manslaughter charges, and federal manslaughter and assault charges were dropped due to lack of evidence. He was convicted of being a felon in possession of a firearm, but that conviction was overturned on appeal on August 30, 2019.[2]

García Zárate's immigration status made the shooting controversial and led to political discussion around San Francisco's status as a sanctuary city. García Zárate, an illegal immigrant, residing in the United States had previously been deported five times. Donald Trump, at the time a presidential candidate, cited García Zárate in support of his proposal to deport criminal illegal immigrants living in the United States, and mentioned Steinle during his acceptance speech at the 2016 Republican National Convention. Steinle's family has publicly requested that her death not be politicized.[3]

Killing

[edit]

García Zárate told ABC station KGO-TV in a jailhouse interview that he started wandering on Pier 14, a tourist attraction area at the Embarcadero waterfront district, Wednesday July 1, 2015, after taking sleeping pills he found in a dumpster. He said he then picked up a gun that he found.[4] García Zárate fired one shot from a .40-caliber SIG Sauer P239 handgun with a seven-cartridge magazine.[5][6] One bullet struck Steinle in the back and pierced her aorta. She collapsed to the pavement while screaming to her father, who was accompanying her at the pier, for help.[7] Her father and others performed CPR on Kathryn before paramedics arrived and took her to an ambulance. She died two hours later at San Francisco General Hospital.[7]

García Zárate was arrested about an hour after the shooting at Pier 40, about one mile (1.6 km) south of Pier 14, and divers from the San Francisco Police Department Underwater Recovery Unit found the gun in the bay alongside Pier 14 the following day.[8][9][10] On July 5, 2015, investigators returned to the pier and found a point 12–15 feet (3.7–4.6 m) from García Zárate's presumed location where a bullet had ricocheted off of the concrete.[11] Following his arrest, García Zárate was booked into San Francisco County Jail on suspicion of murder.[12][13]

The gun used by García Zárate had been stolen in downtown San Francisco from a Bureau of Land Management ranger's personal vehicle on June 27, 2015, according to the Bureau of Land Management.[8] The ranger, John Woychowski, testified at trial that he had left the weapon holstered in a backpack under the front seat of his personal vehicle while he went to dinner with his family.[14] The car's window had been broken.[15][16]

Victim

[edit]

Kathryn Michelle "Kate" Steinle (December 13, 1982 – July 1, 2015) was originally from Pleasanton, California, grew up in Germany and graduated from Amador Valley High School. She earned a communications degree from California Polytechnic State University, San Luis Obispo.[7][9] She was employed at Medtronic in San Francisco and was living on Beale Street, close to Pier 14, the site of the shooting.[17][9] Her funeral was held at a winery in Pleasanton on July 9.[18]

Accused

[edit]

José Inez García Zárate (or Juan Francisco López-Sánchez),[19] of Guanajuato, Mexico, is an illegal immigrant who was deported from the U.S. a total of five times, most recently in 2009.[20] He was on probation in Texas at the time of the shooting.[21] He had seven non-violent felony convictions. When he was apprehended, discrepancies in García Zárate's age had him listed as 45 years old by police, but as 52 in jail records.[22]

García Zárate arrived in the U.S. sometime before 1991, in the same year he would be convicted of his first drug charge in Arizona. He worked in Washington state in roofing and construction, and would also be convicted three times for felony heroin possession and manufacturing narcotics. Following another drug conviction and jail term in Oregon, the U.S. Immigration and Naturalization Service (INS) deported García Zárate in June 1994. However, García Zárate returned to the U.S. within two years and was convicted again of heroin possession in Washington state. He was subsequently deported for the second time in 1997.[19]

On February 2, 1998, García Zárate was deported for the third time, after reentering the U.S. through Arizona. United States Border Patrol caught him six days later at a border crossing, and a federal court sentenced García Zárate to five years and three months in federal prison for unauthorized reentry. Immigration and Customs Enforcement (ICE), successor of the INS, deported García Zárate in 2003 for his fourth deportation. However, he reentered the U.S. through the Texas border and got another federal prison sentence for reentry before being deported for the fifth time in June 2009.[19]

Less than three months after his fifth deportation, García Zárate was caught attempting to cross the border in Eagle Pass, Texas. He pleaded guilty to felony reentry; upon sentencing, a federal court recommended García Zárate be placed in "a federal medical facility as soon as possible".[19]

On March 26, 2015, at the request of the San Francisco Sheriff's Department (SFSD), United States Bureau of Prisons (BOP) had turned García Zárate over to San Francisco authorities for an outstanding drug warrant.[23] San Francisco officials transported García Zárate to San Francisco County Jail on March 26, 2015, to face a 20-year-old felony charge of selling and possessing marijuana after García Zárate completed his latest prison term in San Bernardino County for entering in the country without the proper documents.[24]

U.S. Immigration and Customs Enforcement (ICE) had issued a detainer for García Zárate requesting that he be kept in custody until immigration authorities could pick him up. However, as a sanctuary city, San Francisco's "Due Process for All" ordinance[25] restricted cooperation with ICE to only cases where the immigrant had both current violent felony charges and past violent felony convictions; therefore, San Francisco disregarded the detainer and released him.[26][27] He was released from San Francisco County Jail on April 15, 2015, and had no outstanding warrants or judicial warrants, as confirmed by the San Francisco Sheriff's Department.[21]

[edit]

García Zárate was formally charged with first-degree murder and possession of illegal narcotics on July 6. García Zárate admitted in a KGO-TV interview that he committed the shooting but said he found the gun wrapped in a T-shirt under a bench after taking sleeping pills he found from a trash can. He first claimed that he was aiming at sea lions, then that the gun had fired while he was picking up the wrapped package, and that Steinle's shooting was accidental.[28][22] During a pretrial hearing, a judge disallowed the interview to be used as evidence.[29] García Zárate pleaded not guilty to the charges, and was held on $5-million bail.[30] García Zárate's attorney, Matt Gonzalez, stated in court that the shooting was likely accidental.[31]

On July 28, prosecutors filed an additional charge against García Zárate: being a felon in possession of a firearm.[32] On September 4, San Francisco Superior Court Judge Brendan Conroy stated that there was enough evidence to try García Zárate. Initially charged with first-degree murder, García Zárate was eventually tried for second-degree murder. If found guilty of the charges of second-degree murder, being a felon in possession of a firearm, and an enhancement of using a firearm, García Zárate could have faced life in prison without the possibility of parole. The jury also had the option of deciding if he was guilty of involuntary manslaughter (where the death occurs without intent but "through the negligent or reckless actions of the defendant").[33][34]

In August, a judge set December 2 as the date to assign the case to a judge for trial. García Zárate's public defender said there were no discussions of a plea deal.[35] However, the trial date set for December 2016 was postponed. García Zárate returned to court July 14, 2017.[36][37] The trial was postponed again on July 25, but the defendant asserted his right to a speedy trial, meaning that the trial was required to begin within 60 days.[38]

The trial began October 23, 2017, with opening statements and a brief testimony from Steinle's father.[39] On subsequent days, jurors heard testimonies from eyewitnesses of the shooting, local investigators and the BLM ranger whose stolen gun was used in the crime.[14][40][41][42][43][44] Police revealed how they had lied to García Zárate in order to motivate him to confess to the shooting by saying that they had more evidence than had actually been collected at the time.[45] The prosecution contended he brought the stolen gun to the crime scene while the defense claimed the weapon was found under a Pier 14 seat.[46]

The defense called its first witness, the crime lab supervisor, after the prosecution rested its case after two weeks of testimony. Their case was that the shooting was accidental and occurred when García Zárate picked up the newly found gun.[47][48][49] Experts regarding video enhancement and Spanish translation were heard to bolster the claim of an accidental shooting and incomplete investigation.[50][51][52][53]

A key point of contention was the ease with which the weapon could have been fired accidentally. A supervising criminologist at the San Francisco Police Department crime lab testified that the gun was in excellent condition and would not have fired without someone pulling the trigger. The defense emphasized that the Sig Sauer pistol has no external safety mechanism to prevent accidental firing, and pointed to a record of even police trained in the use of Sig Sauer pistols having made accidental discharges. As examined by the criminologist, it was placed in single-action mode (where the hammer is cocked), rather than double-action mode (where a single pull of the trigger both cocks and releases the hammer). While it is typical for a gun that has been fired to be in single-action mode, a gun in single-action mode also requires less trigger pressure to fire. The defense argued that this made it more plausible that García Zárate could have pulled the trigger accidentally while picking up or unwrapping the bundled gun. Woychowski, a BLM ranger, testified that he always left the pistol in double-action mode, but that he typically loaded it in single-action mode, and couldn't definitively say that he had returned it to double-action mode before it was stolen.[44] The defense rested its case after four days.[54][55]

Prior to closing arguments, Judge James Feng agreed to a request by the prosecutor Diana Garcia to instruct the jury in first-degree murder, second-degree murder, and involuntary manslaughter. "The jury will be instructed on multiple theories of homicide," said District Attorney's Office spokesman Alex Bastian.[56][57]

Jury deliberations began after 12 days of testimony, dozens of witnesses and two days of closing arguments on November 21, 2017.[58][59]

On November 30, 2017, after five days of deliberations, the jury acquitted García Zárate of all murder and manslaughter charges, but convicted him of being a felon in possession of a firearm.[60]

The Department of Justice unsealed a federal arrest warrant for García Zárate following his trial. The charges include felon in possession of a firearm, involuntary manslaughter, and assault with a deadly weapon. There is an existing federal detainer for García Zárate to be transported to the Western District of Texas by U.S. Marshals.[61][62]

On January 11, 2019, García Zárate filed an appeal of his felon in possession conviction in the First Appellate District of the California Court of Appeal.[63]

On August 30, 2019, the California state 1st District Court of Appeals overturned the gun conviction saying "the judge failed to instruct the jury on one of his defenses".[64]

On June 6, 2022, García Zárate was sentenced by California federal judge Vince Chhabria to the seven years he's already spent in jail, legally closing the case. Before sentencing, Chhabria stated, "If you return to this country again and you are back in front of me, I will not spare you. Let this be your last warning: do not return to this country." García Zárate will be sent to Texas, where in federal court he will undergo deportation proceedings.[65]

Investigation

[edit]

The gun used in the shooting was confirmed by forensic crime laboratory technicians to be the same one stolen from a federal agent's car. The .40-caliber handgun had been taken from a U.S. Bureau of Land Management (BLM) ranger's car that was parked in downtown San Francisco, on June 27, 2015.[66] The ranger, John Woychowski, was in San Francisco for an official government business trip. He testified at trial that he had left the weapon holstered in a backpack under the front seat of his personal vehicle while he went to dinner with his family.[14] Woychowski immediately reported the theft to San Francisco police, as well as the Federal Bureau of Investigation's National Crime Information Center. Police issued a citywide crime alert but did not call in CSI technicians to examine the scene.[24]

Ballistics experts for both the prosecution and defense agreed with the investigators finding that, after García Zárate fired the gun, the bullet ricocheted off the pavement 12–15 feet (3.7–4.6 m) away from him before traveling another 78 feet (24 m) and striking Steinle.[67][68]

Family lawsuit

[edit]

In September 2015, the Steinle family announced their intention to file a lawsuit against the City of San Francisco, Immigration and Customs Enforcement, and the Bureau of Land Management, alleging complicity and negligence in the death of their daughter.[69] On January 7, 2017, Magistrate Judge Joseph C. Spero dismissed the family's claims against San Francisco and former Sheriff Ross Mirkarimi. The magistrate also dismissed their claim against ICE, but he ruled that the lawsuit accusing the Bureau of Land Management of negligence could proceed.[70]

In January 2020, the United States Court of Appeals for the Ninth Circuit ruled that Steinle's family could not sue the city of San Francisco.[71][72]

Reaction

[edit]

The killing sparked fierce criticism and political debate over San Francisco's sanctuary city policy, which disallows local officials from questioning a resident's immigration status. Multiple Republican presidential candidates, including Donald Trump and Jeb Bush, made statements blaming the immigration policy for Steinle's death; Trump further called for the need for a secure border wall.[73][74] White House Press Secretary Josh Earnest stated that the U.S. would be safer if Republican lawmakers had approved comprehensive immigration reform backed by President Barack Obama.[75]

2016 U.S. presidential candidate Hillary Clinton joined California Senator and former San Francisco Mayor Dianne Feinstein, a Democrat, in condemning the policy. Clinton said, "The city made a mistake, not to deport someone that the federal government strongly felt should be deported ... So I have absolutely no support for a city that ignores the strong evidence that should be acted on."[76] That same week, Feinstein penned a public letter to San Francisco Mayor Ed Lee that stated, "The tragic death of Ms. Steinle could have been avoided if the Sheriff's Department had notified ICE prior to the release of Mr. Zarate, which would have allowed ICE to remove him from the country."[77]

Local and state reaction

[edit]

San Francisco County Sheriff Ross Mirkarimi received criticism by anti-illegal immigration activist groups, including Californians for Population Stabilization, and a range of politicians, including San Francisco Mayor Ed Lee and California U.S. Senator Dianne Feinstein, for García Zárate's release from custody before the shooting. Lee stated the sanctuary city ordinance allows the sheriff to coordinate with federal immigration and ICE agents. On July 7, Feinstein stated that the San Francisco County Sheriff's Department should have notified ICE before García Zárate was released, so that he could be deported from the country.[77] In a press conference held on July 10, Mirkarimi blamed federal prison and immigration officials for the series of events that led up to the release of García Zárate.[23][78][79]

Ross Mirkarimi lost his bid for re-election to Vicki Hennessy on November 3, 2015, receiving 38% of the vote.[80]

Political reactions

[edit]

The Donald Trump presidential campaign for the 2016 election released the political advertisement "Act of Love", showing García Zárate and criticizing rival Jeb Bush's policy on illegal immigration.[81] Later, when accepting the Republican nomination for president at the 2016 Republican National Convention, Trump mentioned Steinle's death as a rationale to deport illegal aliens in the United States.[82] After the 2017 Presidential Inauguration, President Trump again mentioned Steinle and other victims of violent crime by illegal aliens when creating the Victims of Immigration Crime Engagement (VOICE) Office within ICE.[83]

Kate's Law

[edit]

In response to the controversy, U.S. Senator Ted Cruz from Texas and U.S. Representative Matt Salmon from Arizona introduced H.R. 3011, the Establishing Mandatory Minimums for Illegal Reentry Act of 2015, also known as Kate's Law.[84][85] No vote was ever held.[86] In July 2015, however, the House did pass the Enforce the Law for Sanctuary Cities Act (H.R. 3009), a related bill that is often confused with Kate's Law.[86]

Members of Steinle's family did not want her to be in the middle of a political controversy, according to the San Francisco Chronicle. "I don’t know who coined 'Kate’s Law,'" Kate's father Jim Steinle told the paper. "It certainly wasn't us."[3]

In July 2016, a Senate version of the law (S. 2193) was filibustered with the motion to invoke cloture receiving 55–42 votes mostly by Senate Republicans, therefore insufficient to defeat the filibuster.[87][88] The Senate also voted on another bill often confused with Kate's Law, the Stop Dangerous Sanctuary Cities Act (S. 3100). The bill failed to proceed to a final vote in the Senate.[89]

On June 23, 2017, U.S. Representative Bob Goodlatte from Virginia reintroduced two bills, Kate's Law (H.R. 3004) and No Sanctuary for Criminals, an anti-sanctuary city policy (H.R. 3003), into the House which passed on June 29 and proceeded to the Senate.[90][91]

Deportation

[edit]

On March 1, 2024, García Zárate was deported from the United States for the seventh time.[92][93]

References

[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
The killing of Kate Steinle occurred on July 1, 2015, when 32-year-old Kathryn Steinle was fatally shot in the back by a single .40-caliber bullet while walking arm-in-arm with her father along Pier 14 in 's Embarcadero district. The shooter, Ines Garcia Zarate, a Mexican national illegally present in the United States after five prior deportations, picked up a stolen wrapped in a from a nearby bench and fired once, with the bullet ricocheting off the pier's concrete surface before striking Steinle, who died two hours later from the wound. Garcia Zarate, a convicted felon with a history of drug and property crimes, had been released from County Jail in April 2015 despite a U.S. Immigration and Customs Enforcement detainer requesting his hold for , as the city adhered to its ordinance limiting cooperation with federal authorities. In November 2017, a acquitted him of second-degree murder, , and involuntary manslaughter charges after he claimed the shooting was accidental and he mistook the gun's recoil for a , though he was convicted of felon-in-possession of a —a later overturned on due to evidentiary issues. The incident ignited national controversy over , border security, and policies, with critics arguing that lax enforcement enabled Garcia Zarate's repeated re-entry and presence in the U.S., while proponents of the policies emphasized and local-federal jurisdictional limits; in 2022, Garcia Zarate pleaded guilty to federal firearm charges related to , receiving a time-served sentence before facing for a sixth time.

The Incident

Circumstances of the Shooting

On July 1, 2015, at approximately 6:30 p.m., 32-year-old Kathryn Steinle was walking arm-in-arm with her father along Pier 14 on San Francisco's Embarcadero waterfront. Jose Ines Garcia Zarate, seated nearby on the pier, discharged a .40-caliber Sig Sauer pistol, with the fatal bullet ricocheting off the concrete surface approximately 12 to 15 feet from him before traveling an additional 78 feet and striking Steinle in the back. The had been stolen four days earlier from an unlocked belonging to a U.S. ranger. Garcia Zarate stated to investigators that he had found the gun moments before the discharge, wrapped in a under a bench or his seat on the , and that it fired accidentally as he handled it. video from the captured the sequence, showing Steinle collapsing to the ground shortly after the shot, while Garcia Zarate walked away from the scene without fleeing. Steinle was attended by paramedics on-site and transported to San Francisco General Hospital, where she succumbed to the gunshot wound later that evening. Garcia Zarate was apprehended by police a short distance away shortly thereafter.

Immediate Aftermath

Paramedics responded to the shooting at Pier 14 shortly after 6:30 p.m. on July 1, 2015, and transported Steinle to , where she underwent surgery but succumbed to her injuries the following day, July 2. Her father, who was walking with her at the time, later recounted that Steinle called out, "Help me, Dad," immediately after being struck, as she collapsed and bled profusely on the pier. Jose Ines Garcia Zarate was arrested approximately 90 minutes after the shooting, around 8:00 p.m., at nearby Pier 40, where he was apprehended without resistance by police. Authorities initially charged him with , involuntary , and with a , based on identifications and his proximity to the scene. Early media coverage described the incident as a seemingly random public shooting in a crowded tourist area, with bystanders reporting panic and chaos as Steinle fell; one witness captured photographs of her and Garcia Zarate moments before the shot. Police secured the crime scene overnight, preserving evidence including shell casings, and recovered the firearm from the waters near the pier the next day via dive team.

The Victim

Kathryn Steinle's Background

Kathryn Steinle was born in , where she grew up in a family-oriented environment with her parents, Jim Steinle and Liz Sullivan, and her brother Brad. She attended in Pleasanton before pursuing higher education. Steinle earned a degree in communications from California Polytechnic State University, San Luis Obispo. In her professional life, she worked as a medical sales representative in the San Francisco Bay Area, a role that aligned with her post-college career trajectory. Described by family and friends as adventurous and outgoing, Steinle enjoyed international travel, having visited locations across , the , , , , , and . Her brother Brad characterized her as strong, outspoken, and a free spirit who prioritized relationships and experiences. Prior to the incident, she resided in the Bay Area and engaged in typical recreational activities, including waterfront outings reflective of her active lifestyle.

The Perpetrator

Jose Ines Garcia Zarate's Profile

Jose Ines Garcia Zarate is a Mexican national born and raised in , . At the time of the July 1, 2015, shooting, he was approximately 45 years old and homeless, residing without a fixed address in while relying on transient living arrangements. He exhibited limited proficiency in English, necessitating the use of translators during interactions with authorities. Zarate had employed multiple aliases in prior encounters with , including Juan Francisco Lopez-Sanchez and others documented in federal records. His lifestyle in involved sporadic and avoidance of formal employment, consistent with his undocumented status and lack of stable housing. Following his shortly after the incident, he admitted to police that he had handled and fired the weapon but described the discharge as unintentional.

Criminal and Immigration History

Jose Ines Garcia-Zarate, a Mexican national, first entered the illegally and was deported in June 1994. He subsequently reentered unlawfully multiple times, accruing felony convictions in and dating back to the , primarily for drug-related offenses such as possession and sales, as well as illegal reentry after deportation. These convictions included violations of terms tied to prior drug charges. By 2015, Garcia-Zarate had accumulated at least seven felony convictions, rendering him a prohibited person from possessing firearms. Garcia-Zarate faced further deportations following these offenses, including in April 1997, January 1998, February 1998, March 2006, and July 2009, each instance preceded by illegal reentry into the United States. In May 2011, he was convicted in Texas federal court of felony illegal reentry after a prior deportation and sentenced to 46 months in prison. Upon release from that sentence, he again reentered the country unlawfully. In March 2015, authorities arrested Garcia-Zarate on a warrant stemming from a sales charge. The charge was ultimately dropped, leading to his release from County Jail on April 15, 2015, despite an Immigration and Customs Enforcement detainer request. This release followed his established pattern of , consistent with data indicating that 61.9% of illegal reentry offenders are convicted of at least one additional criminal offense after reentering the .

Investigation and Evidence

Forensic and Ballistic Findings

The autopsy of Kathryn Steinle, conducted by Chief Michael Hunter, determined the to be due to a single perforating to the , with the .40-caliber entering her lower back, transecting the , and lodging in her . wound was noted, and screening revealed no presence of alcohol or illicit substances in her system. Ballistic analysis confirmed the projectile was a .40 Smith & Wesson round fired from a semiautomatic pistol recovered at the scene, wrapped in a beneath a bench near the shooting location. Forensic reconstruction of the bullet's , based on scene measurements, impact marks on the pier's surface, and the recovered deformed , established that the shot struck the ground approximately 12 to 15 feet in front of the shooter before ricocheting upward at a shallow angle and traveling an additional 78 feet to strike Steinle. Both prosecution and defense experts concurred on the mechanism, with the bullet exhibiting deformation consistent with impact against a hard surface like prior to contacting the victim. The firearm, serial number traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), had been stolen on June 27, 2015, from an unlocked personal vehicle belonging to a ranger parked in . Examination post-recovery verified the was fully operational, with no mechanical defects predisposing it to accidental discharge, and its 7-round magazine was found partially expended, indicating multiple shots fired in quick succession consistent with surveillance footage capturing discharges toward the water before the fatal round. Forensic tests on the weapon yielded no recoverable fingerprints or DNA profiles matching Jose Ines Garcia Zarate, despite his proximity to the gun at arrest; however, gunshot residue analysis detected a single characteristic particle on his right hand, consistent with handling or proximity to a discharge. The absence of biometric traces was attributed by investigators to the gun's handling while wrapped and potential environmental degradation on the pier.

Witness Testimonies and Claims

Eyewitnesses at Pier 14 on , 2015, reported hearing a followed by Steinle's collapse while walking with her father, James Steinle, and a friend. Surveillance video footage captured Steinle falling to the ground, the shooter—later identified as Ines Garcia Zarate—walking away calmly, and an object splashing into the bay, consistent with the gun being discarded. James Steinle testified during the 2017 trial that the family was on a casual outing enjoying the evening when the shot rang out; he described turning to see his daughter wounded in the back, her collapsing into his arms, and her final words: "Help me, Dad." The family friend present corroborated the sudden shock of the incident, witnessing Steinle's fall without prior warning. Another bystander, Michelle Lo, provided on observing sequence, including Garcia Zarate's actions immediately before and after the discharge. Garcia Zarate, in post-arrest statements to police, claimed he had found a wrapped object under a on the , which he picked up and unwrapped, leading to an accidental discharge without intent to harm anyone; he stated he discarded the item out of . However, he also recounted aiming the gun at a perceived animal or seal on the water, firing once in that direction, which introduced discrepancies with his initial accidental handling narrative. Prosecutors highlighted eyewitness perceptions and video evidence suggesting Garcia Zarate deliberately pointed and fired the weapon toward the pier area, portraying the act as willful rather than inadvertent. The defense countered with claims of negligent mishandling, arguing the shot resulted from an unintended trigger pull on a found , emphasizing Garcia Zarate's lack of prior possession or targeting of individuals. These accounts revealed inconsistencies, such as varying explanations for the gun's origin and discharge, without consensus on Garcia Zarate's precise intentions.

State Trial and Charges

Jose Ines Garcia-Zarate was arraigned in Superior Court on September 18, 2015, and formally charged with second-degree murder in the death of Kathryn Steinle, along with lesser included offenses of involuntary manslaughter and with a semiautomatic firearm; he also faced a separate charge of being a felon in possession of a firearm. The prosecution, led by George Gascón's office, pursued the second-degree murder charge on grounds of implied malice, asserting that Garcia-Zarate deliberately handled and fired the stolen .40-caliber pistol into a crowded area, demonstrating conscious disregard for human life. The trial commenced in before Judge Samuel Feng in late October 2017, with opening statements and witness testimony unfolding over several weeks. Prosecutors presented ballistic indicating the bullet traveled in a relatively straight path without significant , forensic testimony that the required a deliberate trigger pull of approximately five pounds to discharge, and surveillance video showing Garcia-Zarate picking up an object consistent with the gun moments before the shot. They argued these facts negated claims of accidental firing, emphasizing Garcia-Zarate's actions as reckless in a rather than mere . The defense strategy centered on portraying the shooting as an , attributing it to the pistol's condition—stolen days earlier and potentially mishandled—and Garcia-Zarate's lack of familiarity with firearms. Without calling Garcia-Zarate to , attorneys introduced testimony from a Canadian forensic firearms who described the shot's and entry wound as compatible with an accidental while holstering or handling, possibly exacerbated by the gun's "tanglefoot" mechanism or . They highlighted the absence of eyewitnesses to the trigger pull, blurry video supporting a low-angle firing position, and no established motive or premeditation, urging the jury to consider on intent or recklessness. Closing arguments concluded on November 20, 2017, after which the case proceeded to .

Jury Deliberations and Verdict

The jury began deliberations on November 27, 2017, following closing arguments in the San Francisco Superior Court trial of Jose Ines Garcia Zarate for the killing of Kathryn Steinle. After five days of deliberation, marked by requests for readbacks of testimony and evidence review, the jury reached a verdict on November 30, 2017. They acquitted Garcia Zarate of second-degree murder, which under California Penal Code Section 187 requires proof of malice aforethought either expressed (intent to kill) or implied (conscious disregard of a high probability of death), and involuntary manslaughter under Penal Code Section 192(b), which demands demonstration of criminal negligence causing death without malice. The panel convicted him solely on one count of being a felon in possession of a firearm, a violation of Penal Code Section 29800, reflecting their determination that the prosecution met the burden of proof only on possession, not on causation tied to intent or recklessness. Post-verdict juror statements highlighted reasonable doubt rooted in evidentiary gaps, particularly the failure to disprove beyond a reasonable doubt that the shooting resulted from an accidental discharge or ricochet effect, as argued by the defense based on Garcia Zarate's statements to investigators that the gun fired unintentionally upon being picked up from the ground. One juror noted that while the jury accepted Garcia Zarate handled the weapon, the forensic evidence—including ballistic tests showing the bullet's path and the gun's functionality—did not conclusively eliminate spontaneous firing or minimal ricochet scenarios consistent with an absence of criminal intent or gross negligence. This outcome exemplifies California's high evidentiary threshold for homicide convictions in cases alleging accidental deaths, where prosecutors must negate all plausible non-culpable explanations under the beyond-a-reasonable-doubt standard. Prosecutors expressed frustration, with San Francisco District Attorney George Gascón stating the verdict demonstrated the jury's adherence to legal instructions despite the tragic outcome, emphasizing the case's reliance on circumstantial evidence over direct proof of willful action. In contrast, defense attorney Matt Gonzalez described the acquittal as vindication of the jury's independent assessment, asserting that the evidence supported Garcia Zarate's account of an unintended event without the requisite mens rea for homicide charges. The unanimous verdicts underscored the jurors' focus on statutory elements, rejecting implied malice despite Garcia Zarate's prior felony status and the foreseeability of harm from handling a loaded firearm.

Appeals, Federal Charges, and Sentencing

In August 2019, the First of overturned Garcia Zarate's state conviction for being a felon in possession of a , ruling that the trial court's jury instructions erroneously allowed conviction based on possession either before or after , despite evidence indicating possession only at the moment of discharge. The appellate court found this instructional error prejudicial, as it permitted the jury to convict without proof that possession occurred outside the single act tied to . In December 2019, announced no retrial on the state gun charge, citing resource constraints and the passage of time. Federal prosecutors pursued separate charges stemming from the incident. A federal indicted Garcia Zarate in December 2017 on counts of felon in possession of a and illegal reentry after . On March 14, 2022, he pleaded guilty to both federal offenses—being a felon in possession under 18 U.S.C. § 922(g)(1) and unlawful presence by a deported alien under 8 U.S.C. § 1326—acknowledging his prior convictions and multiple deportations. U.S. District Judge sentenced Garcia Zarate on June 6, 2022, to , approximately seven years of since his 2015 arrest, despite the charges carrying potential penalties up to 10 years for the firearm offense and 20 years for reentry. The judge applied federal mandatory minimum considerations but credited the extensive time already served, while sternly admonishing Garcia Zarate against any return to the , stating, "Do not return to this country." This federal resolution imposed accountability for and firearms violations absent from the state proceedings, where and acquittals had prevailed.

Policy Failures and Controversies

Sanctuary City Policies in

adopted its policy through the "City and County of Refuge" Ordinance, enacted on November 14, 1989, which prohibits the use of city funds, resources, or personnel to assist federal efforts targeting individuals without serious criminal convictions. This ordinance effectively limits local with U.S. Immigration and Customs Enforcement (), particularly regarding civil detainers—requests to hold individuals for potential absent a criminal warrant. The policy prioritizes local authority over federal priorities, directing city employees, including sheriff's department staff, to decline actions that assist in deportations of non-violent offenders or those not charged with felonies. Under this framework, San Francisco's Administrative Code Chapter 12I, governing civil detainers, explicitly restricts compliance with requests unless accompanied by a judicial warrant or for a criminal violation, viewing such detainers as voluntary and non-binding on local jails. This stance directly enabled the release of individuals like José Inés García Zárate on April 15, 2015, following his arrest on a drug charge; despite an detainer issued due to his prior deportations and violations, the declined to honor it, citing the policy's prohibition on extending custody for civil purposes. The decision reflected a deliberate local override of federal authority, allowing reentry into the community without immediate proceedings. Empirical patterns underscore the policy's causal role in such releases: between 2013 and 2015, jails ignored hundreds of ICE detainers for individuals with criminal histories, including drug and theft offenses, correlating with subsequent public safety incidents as released detainees evaded federal custody. Critics, including federal officials, cite data from similar non-compliance cases where released non-citizens with prior convictions committed further offenses, arguing that directives create predictable gaps in enforcement by insulating local decisions from imperatives. Proponents of the policies, often local officials and immigrant advocacy groups, maintain they foster trust within immigrant communities, encouraging reporting and witness cooperation without fear of immigration repercussions, with some studies claiming lower overall rates in sanctuary jurisdictions. However, these assertions rely on aggregate correlations that do not isolate detainer non-compliance effects, and independent analyses highlight elevated risks when policies release individuals flagged for , prioritizing community relations over verifiable public safety outcomes. Opponents counter that such measures undermine causal , as local non-cooperation foreseeably enables among deportable offenders, evidenced by federal tracking of post-release crimes in non-compliant areas.

Immigration Enforcement Lapses

Jose Inés García Zárate had been deported from the five times prior to the July 1, 2015, shooting—specifically in 1994 following a , and subsequently in 1997, 1998, 1999, and 2009—yet managed multiple illegal reentries, including after serving federal time for illegal reentry in 2011. This pattern exemplified failures in preventing reentry among repeat offenders, as border apprehensions and interior removals did not deter subsequent crossings facilitated by inadequate physical barriers, limited patrols, and resource constraints at the southwest border pre-2015. Federal data underscores the prevalence of among deported individuals with criminal histories: the average offender prosecuted for illegal reentry had been deported 3.2 times prior to their most recent offense, with over one-third (38.1%) having faced three or more prior deportations. Deported felons exhibited particularly high reentry rates, often evading detection through remote crossings or networks, as interior enforcement prioritized fewer than 400,000 removals annually under pre-2015 budgets despite millions of encounters. Obama administration policies contributed to these lapses by expanding catch-and-release practices, releasing over 70% of family units and apprehended at the with notices to appear rather than mandatory detention, which enabled many to abscond and reenter. The shift from Secure Communities to the Priority Enforcement Program de-emphasized detainers for non-priority cases, reducing federal-local cooperation and allowing removable aliens with criminal records to be released into communities, contrasting with stricter detention mandates that could have curtailed reentries. State Criminal Alien Assistance Program (SCAAP) data reveals that illegal aliens incarcerated for crimes imposed costs exceeding $1.6 billion annually across states, suggesting disproportionate involvement in offenses relative to share when enforcement lapses permit repeated presence—empirical patterns obscured in aggregate immigrant crime studies that aggregate lawful and unlawful entrants without isolating recidivist felons. Stricter federal reentry prevention, including enhanced border technology and expedited removals, has historically lowered rates, as evidenced by post-2017 declines in repeat apprehensions under expanded detention.

Debates on Intent and Causality

The prosecution contended that Ines Garcia Zarate's actions demonstrated recklessness or , arguing that he deliberately handled and fired the stolen rather than it discharging accidentally, as evidenced by his post-shooting behavior and the trajectory analysis showing the bullet struck Steinle after ricocheting off the pier's surface approximately 12 feet away. experts for both sides agreed on the ricochet but differed on whether the initial discharge was volitional, with prosecution witnesses emphasizing a relatively straight path post-ricochet inconsistent with a purely random "freakish" bounce. In contrast, the defense maintained that resulted from an accidental discharge—possibly due to the gun's mechanical condition or Zarate's unwitting handling of a wrapped he claimed to have found—followed by an improbable , lacking proof of malice or even conscious recklessness toward Steinle specifically. A juror later articulated this view, describing the incident as a "freak accident" where prosecutors failed to establish intent beyond , attributing the outcome to rather than direct causation of harm. Critics of this minimization, including Steinle's family and independent analysts, countered that underscored avoidable in Zarate's possession and manipulation of the weapon, rejecting narratives that detached the fatal outcome from his agency. Broader causal debates emphasized root factors over momentary mechanics: Garcia Zarate's repeated illegal re-entries after five deportations and status as a prohibited person enabled his unlawful possession, creating the conditions for the irrespective of disputed in the discharge itself. This perspective, advanced by advocates, posits that empirical chains of prior failures in border security and detainer compliance rendered the incident preventable, prioritizing systemic preconditions over isolated claims. Left-leaning outlets often framed the event as a tragic detached from status, while right-leaning sources highlighted how such coverage downplayed causal links to policy leniency, reflecting institutional biases toward minimizing critiques.

Reactions and Impacts

Public and Media Responses

Public outrage erupted immediately after the July 1, 2015, shooting, with mourners gathering for a at Pier 14 on July 6 to commemorate Steinle and express sorrow over the random killing of a 32-year-old vacationing with her . Grassroots expressions of grief highlighted the senseless loss of innocent life, as participants decried the circumstances that enabled an undocumented felon with multiple deportations to remain at large in the city. Steinle's family conveyed deep anguish in public statements, focusing on her vibrant personality and the profound void left by her death; her brother described missing her smile and kindness, while her parents recounted the harrowing moments of holding her as she struggled to breathe before succumbing to her injuries. They emphasized the personal tragedy over broader debates, though their accounts underscored the abrupt end to a life unmarred by conflict. Media coverage revealed a divide: San Francisco-area outlets like framed the incident primarily as an accidental discharge involving a stolen and urban , often prioritizing discussions of gun trafficking and over the perpetrator's repeated releases despite federal detainers. In contrast, national reporting amplified the failures, detailing Garcia Zarate's five prior deportations and the city's protocols that shielded him from after a local drug charge, fueling broader scrutiny of policy lapses enabling . Post-incident surveys reflected heightened public apprehension toward policies, with polls indicating that a of Americans opposed such measures amid incidents like Steinle's, viewing them as prioritizing non-citizens over resident safety. On platforms, users predominantly amplified Steinle's victim narrative—sharing images of her smiling face and personal stories to humanize the casualty—while a minority countered with emphases on Garcia Zarate's hardships, including and substance issues, though the former dominated initial online discourse with calls for .

Political Reactions

The killing of Kate Steinle became a focal point in the 2016 presidential campaign of , who frequently referenced it at rallies to criticize policies and what he described as lax immigration enforcement under the Obama administration. Trump highlighted how the shooter, Ines Garcia Zarate, had been released by authorities despite prior deportations and federal detainer requests, arguing that such practices endangered American citizens and exemplified the need to end "open borders" and jurisdictions. This usage raised national awareness of the causal links between non-cooperation with federal immigration authorities and preventable crimes, though critics accused it of stoking by generalizing from one case to broader immigrant communities. Republican politicians broadly leveraged the incident to advocate for stricter enforcement, with figures like members condemning the Obama administration's oversight and calling for in jurisdictions that prioritize non-disclosure of suspect immigration status over safety. In response to the 2017 acquittal, Republican leaders expressed outrage, emphasizing victim prioritization and arguing that policies shielded repeat offenders at the expense of citizens like Steinle. Local Democratic officials in , including Mayor , defended the city's ordinance post-shooting, maintaining that it did not preclude cooperation on serious crimes and attributing broader issues to factors like proliferation rather than policy failures. Democratic candidates in urged caution against politicizing the tragedy, framing it as an isolated incident not representative of policies' overall intent to build community trust in . Some bipartisan sentiments emerged, with Senator facing pressure from both sides but acknowledging the need for review of extreme non-cooperation practices, though such questioning remained limited amid partisan divides.

Legislative Responses Including Kate's Law

Kate's Law, formally introduced as H.R. 3004 in the 115th on June 15, 2017, sought to amend the Immigration and Nationality Act by establishing mandatory minimum prison sentences for noncitizens previously deported following for a or two or more misdemeanors: five years for initial reentry after for such offenses, escalating to ten years for subsequent reentries, and fifteen years to life for those involving aggravated felonies or causing . The bill passed the on June 29, 2017, by a vote of 257-167 but stalled in the , reflecting partisan divides over stringency. Reintroduced in subsequent sessions, including S. 2091 in the 118th (2023-2024), the maintained its core penalties while emphasizing recidivists with violent histories. In the 119th , the Stop Illegal Reentry Act—also designated Kate's Law and introduced January 28, 2025, by Representative and Senator —imposed a five-year mandatory minimum for reentry by noncitizens with multiple convictions or an aggravated , with higher terms for violent crimes, aiming to target "repeat criminal illegal immigrants." A companion bill, S. 2547, and a House-passed measure on , 2025, to elevate penalties for further advanced similar provisions, though approval remained elusive as of October 2025. Related legislative efforts included the No Sanctuary for Criminals Act, passed alongside H.R. 3004 in 2017, which prohibited state and local governments from restricting compliance with Immigration and Customs Enforcement () detainers for criminal noncitizens, thereby mandating notification and temporary holds to facilitate federal removal. Broader measures, such as 2025 budget reconciliation bills allocating $170 billion for enforcement, detention expansion, and operations, complemented these by enhancing resources for apprehending and prosecuting reentrants, including funding for additional facilities to support mandatory detention. Proponents argue these reforms deter reentry and reduce through incapacitation, citing data from the U.S. Sentencing Commission showing that illegal reentry offenders average 2.5 prior deportations and commit subsequent s at rates up to 50% higher than non-reentrants, with mandatory terms preventing immediate during incarceration. However, empirical studies on mandatory minimums generally indicate limited general deterrence from penalty severity alone—emphasizing of apprehension over length of sentence—and potential for over-incarceration without proportional reductions, as evidenced by analyses finding no significant drop in overall illegal entries post-similar federal hikes. Critics, including groups, contend the laws exacerbate for low-risk migrants, with projected costs exceeding $850,000 per reentry prosecution, though state-level analogs (e.g., stricter detainer compliance) correlate with localized declines in sanctuary-related releases of criminal noncitizens, per reports.

Aftermath

Deportation and Subsequent Status

After serving time for his 2022 federal conviction on charges of illegal firearm possession as a felon, José Inés García Zárate was released from the Federal Correctional Institution in Phoenix on February 16, 2024, and immediately transferred to U.S. Immigration and Customs Enforcement (ICE) custody. ICE deported him to on March 1, 2024, via commercial flight, constituting his seventh formal removal from the after six prior deportations between 1997 and 2015. García Zárate's federal conviction, linked directly to the used in the 2015 shooting, qualified as an aggravated under , triggering a permanent bar on legal reentry to the U.S. and overriding his state on and charges by enforcing through reentry prohibitions. This outcome underscored federal immigration enforcement's role in addressing recidivist illegal presence, independent of local prosecutorial decisions. No confirmed instances of García Zárate's return to the U.S. have been documented as of October 2025, with Mexican authorities receiving him upon but no public details on subsequent monitoring or restrictions within . His history of rapid reentries post-prior removals—often within months—ceased following this federal intervention, though enforcement relies on border detection rather than guaranteed compliance.

Family Lawsuits and Ongoing Effects

In March 2015, shortly after the shooting, Kate Steinle's parents filed a wrongful death lawsuit in federal court against the city and county of San Francisco, former Sheriff Ross Mirkarimi, and federal agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Immigration and Customs Enforcement (ICE), alleging negligence in the release of Jose Ines Garcia Zarate despite an ICE detainer and failure to secure the weapon involved. The suit claimed that San Francisco's sanctuary policies, which limited cooperation with federal immigration authorities, contributed to their daughter's death by allowing Garcia Zarate's release from jail three months prior to the incident. Federal courts progressively dismissed the claims. In January 2017, a judge dismissed the portion targeting San Francisco's sanctuary ordinance as unconstitutional under doctrines. On March 25, 2019, the Ninth Circuit Court of Appeals upheld the dismissal of claims against the city and former sheriff, ruling that the family failed to establish a or duty owed by officials to prevent harm from third parties. A federal judge dismissed the remaining claims against the federal government on January 6, 2020, citing and lack of actionable . The family received no monetary settlement or policy concessions from these actions. Steinle's parents, particularly her father Jim Steinle, engaged in advocacy for stricter following the incident. On July 21, 2015, Jim Steinle testified before the House Judiciary Subcommittee on Immigration and Border Security and the Senate Judiciary Committee, describing the preventable nature of his daughter's due to lax enforcement and calling for congressional action to mandate cooperation with ICE detainers and enhance border security. The family's efforts emphasized personal grief amid systemic failures, influencing public testimony but yielding no direct legislative victories through their suits or statements. The Steinle case has sustained scrutiny of jurisdictions' impacts on public safety, with data from the Department of Justice indicating over 8,000 criminal aliens released from local custody in 2014 despite detainers, preceding similar high-profile incidents. While lawsuits failed to establish liability, the episode perpetuated debates on causal links between non-cooperation policies and recidivist offenses by deportable individuals, informing ongoing evaluations of urban risk factors without resolving empirical disputes over aggregate crime rates in areas. The family's unresolved loss underscored persistent tensions in federal-local dynamics as of 2025.

References

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