Illegal Immigrant not guilty of Kate Steinle death

[steaver]

Are all of these talking heads and politicians idiots? They are all up in arms about this verdict and ranting on and on about Kate being "murdered" and the "murderer" getting away with it. Prosecutors are always overreaching with these charges and I think it is because they are politically motivated as well. At the most this case is a Manslaughter case. Murder has to be premeditated, you have to prove the person wanted to kill the other person intentionally. Yes, the man should not have been in the country. Yes, the man was a criminal. Yes, the man killed an innocent person by his recklessness with a gun. No, the man did not "Murder" the woman. If the Prosecution would have focused on Manslaughter with the Jury they would have gotten a conviction, but they pushed the "Murder" angle and confused the issue.

I heard a couple of stupid things on Fox News this morning. One woman said the Jury did not get to hear how this man had a criminal record. So what? Doesn't change the fact that it was not a murder case. Another woman said if a person pulls a trigger and another person is killed it is murder. What idiots!

BUILD THE WALL PEOPLE! And throw these criminal offenders out so less of these bad situations can happen!

 

[Revmitchell]

TRagic

 

[church mouse guy]

The illegal immigrant is now an icon.

 

[Reynolds]

Are all of these talking heads and politicians idiots? They are all up in arms about this verdict and ranting on and on about Kate being "murdered" and the "murderer" getting away with it. Prosecutors are always overreaching with these charges and I think it is because they are politically motivated as well. At the most this case is a Manslaughter case. Murder has to be premeditated, you have to prove the person wanted to kill the other person intentionally. Yes, the man should not have been in the country. Yes, the man was a criminal. Yes, the man killed an innocent person by his recklessness with a gun. No, the man did not "Murder" the woman. If the Prosecution would have focused on Manslaughter with the Jury they would have gotten a conviction, but they pushed the "Murder" angle and confused the issue.

I heard a couple of stupid things on Fox News this morning. One woman said the Jury did not get to hear how this man had a criminal record. So what? Doesn't change the fact that it was not a murder case. Another woman said if a person pulls a trigger and another person is killed it is murder. What idiots!

BUILD THE WALL PEOPLE! And throw these criminal offenders out so less of these bad situations can happen!

Yeah, classic case of prosecutorial abuse. I learned early in law enforcement that if you overcharge or stack charges, it makes juries mad at the prosecution.

 

[Reynolds]

I don't know about Ca, but in Ga, the proper charge would have been felony murder. A person is guilty of felony murder if in the act of a felony, they either intentionally or unintentionally kill another. The intent must only be proven for the felony, not the death.

Two men broke in a house in our jurisdiction. The home owner shot and killed one of them. We charged and convicted the surviving burglar with Burglary and Felony murder.

 

[Benjamin]

Murder has to be premeditated, you have to prove the person wanted to kill the other person intentionally.

I agree, and if I we're Kate's father I would want these very same rights applied to me when I "accidently" tripped behind this illegal immigrant and violently grabbed his neck on the way down to the ground causing him to have a "tragic" injury...

 

[carpro]

What kind of verdict did you expect from a San Francisco jury?

Jury nullification in a case like this was to be expected in a sanctuary city like SF.

 

[rsr]

I don't think felony murder would apply because the guy apparently wasn't committing a felony, at least not one of the felonies that would automatically authorize a felony murder charge. Criminal stupidity isn't on the books in most states, even if it should be.

Given the evidence, even second-degree murder would be a stretch. Involuntary manslaughter would have been appropriate, from what I can tell.

 

[Adonia]

What can one say? A liberal wacko jury from California in a liberal wacko city found this guy innocent of the most serious charges.

 

[Adonia]

I don't think felony murder would apply because the guy apparently wasn't committing a felony, at least not one of the felonies that would automatically authorize a felony murder charge. Criminal stupidity isn't on the books in most states, even if it should be.

Given the evidence, even second-degree murder would be a stretch. Involuntary manslaughter would have been appropriate, from what I can tell.

This was that first time in history that a gun fired a fatal shot all by itself. That in essence what the jury was saying.

 

[Reynolds]

I don't think felony murder would apply because the guy apparently wasn't committing a felony, at least not one of the felonies that would automatically authorize a felony murder charge. Criminal stupidity isn't on the books in most states, even if it should be.

Given the evidence, even second-degree murder would be a stretch. Involuntary manslaughter would have been appropriate, from what I can tell.

Convicted felon in possession of a firearm is a qualifier if that firearm causes the death.

 

[rsr]

I don't believe that's the case in California. There is a list of felonies that can reliably be used to prove felony murder, such as robbery, rape, kidnapping, etc. Being a felon in possession of a firearm is not on the automatic list.

Other felonies can be predicate offenses for felony murder, apparently, but they must be "inherently dangerous" as determined by a judge, according to California law. Being a felon in possession of a firearm likely would not rise to that level.

Requirements to prove felony murder are different from state to state. In my state, any felony can be a predicate offense to prove second-degree murder. That's not the case in all jurisdictions.

 

[carpro]

DOJ Puts Out Arrest Warrant for Kate Steinle's Killer, Dares Sanctuary San Francisco to Protect Him Again - Breitbart


The U.S. Attorney’s Office for the Western District of Texas has put out a new arrest warrant for Jose Inez Garcia Zarate, the multiple-felon illegal alien just acquitted of murder in the death of Kate Steinle.

 

[steaver]

I don't know about Ca, but in Ga, the proper charge would have been felony murder. A person is guilty of felony murder if in the act of a felony,

I don't think they could have proven a felony. The father said nothing about being confronted or shouted at as if they were being robbed at gun point.

 

[Reynolds]

I don't think they could have proven a felony. The father said nothing about being confronted or shouted at as if they were being robbed at gun point.

They proved a felony.

 

[steaver]

They proved a felony.

I don't think any jury would connect an illegal possession of a firearm with a death without additional evidence of reckless endangerment. This jury didn't. It was hard to prove even involuntary manslaughter for the simple fact that who would fire a gun into a concrete sidewalk on purpose? The man claimed it accidentally went off. Difficult case for sure.

 

[Adonia]

The man claimed it accidentally went off. Difficult case for sure.

And the idiots on the jury believed him. Today's firearms are as safe and reliable as possible, and I understand that the trigger pull on this particular gun was heavy indeed. Plus the fact that it has a transfer bar under the hammer to prevent an accidental discharge if dropped or jarred in any way. Face it, this is how the liberals want to live, and they refused to convict an illegal alien of the killing which he most definitely caused.

 

[Reynolds]

I don't think any jury would connect an illegal possession of a firearm with a death without additional evidence of reckless endangerment. This jury didn't. It was hard to prove even involuntary manslaughter for the simple fact that who would fire a gun into a concrete sidewalk on purpose? The man claimed it accidentally went off. Difficult case for sure.

Under the law I cited, they don't have to connect anything really. The felony has to be a simple element. His possessing the firearm was a simple element. No, intent or recklessness has to be intended. Juries like the charge and easily convict on it. They like the fact they don't need to find intent or recklessness. Had the man not been committing the felony of convicted felon in possession of a firearm, the woman would be alive. Simple, and juries like simple.
The trick to conviction is overcoming all the Crap the juries see on TV. They come to court expecting an episode of CSI or Forensic Files. Overcome that with simplicity.

 

[steaver]

Today's firearms are as safe and reliable as possible, and I understand that the trigger pull on this particular gun was heavy indeed.

This is true, but we are not given all the facts. Was the gun altered in any way? Was it defective, did they try the gun and see if it was possible it could fire with a very light trigger bump?

 

[steaver]

The trick to conviction is overcoming all the Crap the juries see on TV.

I think in this case it was the jury trying to overcome all the Crap the prosecution was spilling out trying to get a Murder 1 conviction instead of focusing on what was reality.