A San Francisco jury engaged in a gross, outrageous miscarriage and travesty of justice and denied Kate Steinle and her family justice, on November 30th, when they delivered a “not guilty” verdict to her murderer, Garcia Zarate, an illegal alien from Mexico. The integrity of the law was destroyed by this jury nullification, which abandoned facts, reason and the truth, and these jurors sent a clear message to America that a criminal illegal alien’s life was more important than Kate Steinle’s life and those of America’s own sons and daughters.
Partly to blame, the Court itself exhibited just how broken our system really is. The five previous deportations of Zarate and his seven previous felonies were left out of the case, even though Ms. Steinle’s murder and Zarate’s illegal alien status had sparked a national debate on the country’s illegal alien problem.
However, on the barest facts of the case, the jury should have easily been able to arrive to a “guilty” verdict on involuntary manslaughter, at the very least, unless they held the typical liberal anti-“white privilege”, pro-sanctuary city Democratic Party line of most of the area’s populace. This jury was a cross-section of an area that is thirty-percent foreign born and seemingly 100 percent ignorant of U.S. law, or simply predisposed to dismiss America’s age old shared principles and common national sentiment.
Any reasonable person, who has a cogent thought process, would have immediately seen through Zarate’s lies and continuously changing story. If he’d been shooting at at a sea lion, as asserted, with the gun he supposedly “found”, the bullet would have been travelling away from Ms. Steinle and the crowded section of Pier 14. If he’d simply stepped on the gun, a weapon the quality of the Sig Sauer P239 would not have discharged on its own, as asserted, nor would it have fired without the trigger being purposely pulled by him, since the Sig would have had anywhere between 4.4 and 10 pounds of trigger pull, depending on its original owner’s preference.
A check of the firearm by the Bureau of Land Management in April 2015, three months before the shooting, found it was in perfect working order, which was noted by Assistant District Attorney Diana Garcia. Explaining further, the DA stated: “It’s not the kind of gun that’s going to go off by accident. He knew all along what he was doing.”
It’s undisputed that the gun was in Zarate’s possession, and witnesses saw him spinning on a bar chair pointing the gun down the pier. Zarate’s own statement is basically a confession, through his own claim the shooting was an accident, even though he fired towards multitudes of people on the pier that day, without any due caution and circumspection. At the very minimum, this fits the precise definition of “involuntary manslaughter”.
It’s also undisputed that Zarate should not have been in America in the first place. If the Sheriff’s Department had turned Zarate over to Immigration and Customs Enforcement agents, as required by federal law, instead of simply releasing him back to San Francisco’s streets, Kate Steinle would be alive today.
How could this jury not convict Garcia Zarate, especially with the understanding that Kate Steinle could have been one of their own daughters, and as they witnessed her family’s pain?
Jim Steinle said: “We’re just shocked — saddened and shocked … There’s no other way you can coin it. Justice was rendered, but it was not served.”
U.S. Attorney General Jeff Sessions was quick to say, “I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”
One should note, FBI statistics show 67,642 murders in the U.S, from 2005 through 2008 and 115,717 from 2003 through 2009. The General Accounting Office attributes 25,064 of these murders to criminal illegal aliens, which means, by extrapolating the stats, that 3.5 percent of this population in America committed twenty-two percent to thirty-seven percent of all murders in the nation.
Ninety-five percent of approximately 1500 outstanding homicide warrants in Los Angeles are for illegal aliens. About 67 percent of LA’s 17,000 outstanding felony warrants are for illegal aliens, and 4.5 million pounds of cocaine worth $72 billion are smuggled across the southern border every year.
Kate Steinle was thirty-two years old at the time of her death, blonde and beautiful and already successful in her career. She was also an adventurer and had already traveled overseas to Barcelona, Dubai and South Africa. Just days before her death, Kate had written, “Whatever is good for your soul — do that.”
Kate, her father and a family friend were enjoying an outing and taking pictures of birds, boats and each other on Pier 14, in the Embarcadero district, on July 1st 2015, when Zarate’s bullet struck her back and pierced her aorta. As she lay dying in her father’s arms, she gasped her last words, “Dad, help me, help me.”
Kate’s vibrant life was taken far too soon, but Zarate gets to rise each day and continue his life to whatever miserable end finally finds him, after he completes a two to three year sentence on the felony weapons charge. He will be returned to Mexico upon release, and that’s not justice.
America must force our leaders to fully enforce existing immigration law aimed at halting illegal immigration. No longer should the nation bear any tax burden either for sanctuary cities, that ignore these laws. Detain and deport anyone entering America illegally, regardless of their criminal or innocent intentions, and imprison repeat offenders for enough years to send a message to others and deter them from entering illegally. Build the wall and secure our borders, because Kate Steinle and other Americans murdered by illegal aliens deserve no less.
And perhaps, America needs a victim veto set in U.S law, for instances of jury nullification and a defendant’s obvious guilt, so the victim’s family can say: “Judge, I can’t live with this miscarriage of justice. This man murdered my daughter. I cannot possibly let this go unanswered. Let the judge make the final ruling.
As the father of two daughters, in the absence of a punishment that fit the crime, a sense of being avenged and then to witness the criminal go free, without paying any real price, my own outrage would be such, if I were in Jim Steinle’s position, that I would make it a point to kill Zarate upon his release, because a criminal, especially a killer, must face a day of reckoning and receive his due.
The death penalty, life or twenty-five years in prison without parole could never redress the harm Zarate‘s actions brought to the Steinle Family, but to let him go without finding him guilty of involuntary manslaughter is an intolerable moral violation. If the principles of the U.S. Constitution applied equally to protect victims, as much as the accused, it would be cruel and unusual punishment to deny the victims any real semblance of justice, that accompanies the rightful punishment of those who have done them or their families harm. And, as in this case, justice denied is no justice.
December 2, 2017
~ The Author ~
Justin O. Smith has lived in Tennessee off and on most of his adult life, and graduated from Middle Tennessee State University in 1980, with a B.S. and a double major in International Relations and Cultural Geography – minors in Military Science and English, for what its worth. His real education started from that point on. Smith worked 8 years for the LaVergne Fire Dept – two years as their clean-up boy – and became a working fireman at age 16, working his way through college and subsequently joining the U.S. Army. Since then he primarily have contracted construction and traveled – spending quite a bit of time up and down the Columbia River Gorge, in the Puget Sound on Whidby Island and down around Ft. Lauderdale and South Beach. Justin currently writes a weekly column for The Rutherford Reader in Murfreesboro, TN, which he calls home, in addition to being a frequent contributor to the Federal Observer – and spend as much time as possible with his two beautiful and intelligent daughters and five grandchildren. Justin Love God, Family and Our Magestic and Wonderful America, and am a Son of Liberty.