The illegal alien acquitted last year of murdering 32-year-old Kate Steinle in July 2015, filed a lawsuit Tuesday against the federal government, demanding that it produce documents “pertaining to vindictive prosecution and collusion” with the California government.
In November 2017, a jury in San Francisco found Jose Inez Garcia-Zarate not guilty of murdering Steinle, acknowledging that he was in possession of the gun from which the fatal shot was fired, but deciding that the discharge could have been accidental. He was convicted of felony possession of a weapon.
Prior to the shooting of Steinle, Garcia-Zarate, 45, had seven previous felony convictions and had been deported from the United States five times before he settled in the “sanctuary city” of San Francisco.
The day after the trial, federal authorities said they would seek to gain custody of Garcia-Zarate and eventually deport him. The federal government then issued a warrant for his arrest for violating the terms of his 2015 federal prison release. The government also charged him with federal crimes, including “being a felon in possession of a firearm and ammunition,” and “being an illegally present alien in possession of a firearm and ammunition.” Either violation carries a maximum penalty of 10 years in prison.
In the lawsuit, Garcia-Zarate alleges “that federal agencies colluded with the San Francisco police, district attorney’s office and sheriff’s office” and that he is being subjected to double jeopardy. Breitbart reported.
In the motion, filed Tuesday, Garcia-Zarate’s attorney complains: “Almost immediately after the death of Ms. Steinle, then presidential candidate Donald Trump began to use Mr. Garcia-Zarate as the symbol of the dangers of illegal immigrants and the need for a wall between the United States and Mexico,” Garcia-Zarate’s attorney argues in the motion. Also cited by the attorney as proof of unfair treatment of Garcia-Zarate were several tweets posted by President Donald Trump.
A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.
— Donald J. Trump (@realDonaldTrump) December 1, 2017
The attorney also contended that the federal charges violate Garcia-Zarate’s rights to due process.
“Though broken up into two counts, these allegations address the exact same conduct as that for which he was convicted in San Francisco,” the attorney argued.
In an effort to support his case alleging “vindictive prosecution” and collusion between state and federal law enforcement, Garcia-Zarate has demanded all records of communication between federal, state, and local law enforcement regarding his case.
Breitbart noted, “Ironically, California is currently battling the federal government over state laws that restrict cooperation and communication between state and local government with federal immigration officials.”
.@Varneyco: “The man who shot Kate Steinle is suing you, the taxpayer, on the grounds that he was the victim of vindictive prosecution… This is what happens when a state goes rogue, defying federal authority, supporting illegals over citizens.” pic.twitter.com/5SlOgGzjIn
— FOX Business (@FoxBusiness) March 16, 2018
Illegal immigrant who killed Kate Steinle’s is now going after the US, accusing the government of “vindictive prosecution” pic.twitter.com/b15OsOfCO4
— FOX & friends (@foxandfriends) March 16, 2018