Tags: Barack Obama | Immigration | Law Enforcement | jury | manslaughter | steinle | verdict

Obama's Immigration Legacy Remains a Nightmare

Image: Obama's Immigration Legacy Remains a Nightmare
In September of 2015 (from left) Brad Steinle, Liz Sullivan and Jim Steinle, the brother, mother and father of Kate Steinle who was shot to death on a pier, listen to their attorneys speak during a news conference on the steps of City Hall in San Francisco, California. (Eric Risberg/AP)

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Friday, 01 December 2017 04:57 PM Current | Bio | Archive

Former President Barrack Obama left to President Donald J. Trump, among other problems, an immigration nightmare. Immigration chaos ignominiously ranks with the depleted military, the strangulating business regulations, bureaucratic arrogance, and financial stagnation that the Obama administration bequeathed to Trump and the American people.

President Obama failed to achieve any comprehensive immigration reform. He was able by the use of executive orders play havoc with rational immigration enforcement. The Obama Border Patrol was reduced to mere gatekeepers for a swarm of illegal border crossers under the guise of asylum seekers and refugees. There was no proper vetting of asylees, refugees, "children," and family unity immigrants.

Slowly the Trump administration is gaining control of the borders, as the days of open borders is coming to an end. Obama appointed federal judges still try to implement the former president's open borders policies. These judges support the dangerous sanctuary cities and states mentality.

President Trump’s efforts to protect the American people have been derailed by questionable immigration policy decisions.

On Nov. 30, 2017, San Francisco, a sanctuary city in California, a sanctuary state was the scene of a gross miscarriage of justice. A local jury refused to convict a five-time felon and five-time deported illegal alien of taking the life of a young American woman with a handgun.

The illegal alien when apprehended gave many versions as to what happened to Kate Steinle. Among his various descriptions of the circumstances of the killing. he said the gun fired itself.

The illegal alien, Jose Garcia Zarate, threw the deadly weapon into the water after Steinle was shot — immediately after the gun was fired. The authorities retrieved the gun the day after the shooting. The fact that Garcia Zarate tried to dispose of the killing weapon apparently meant nothing to the jury.

The State’s evidence established that for about 20 minutes before the shoot killing Steinle, the defendant was twirling the Sauer 40 caliber handgun. It was stolen from the car of a federal ranger a week prior to the shooting. Garcia Zarate, even with his limited education, knew that the gun was no toy. The defendant had served time in prison in the U.S. He also has five prior felony convictions.

Did Garcia Zarate steal the gun? Who knows? The prosecution suggested he did so. Regardless, he still had the gun, no matter how he came into possession of it. The weapon was fired — while in his possession.

Whether the bullet went directly in Steinle’s body or ricocheted and then entered her body is of no importance. The young woman is dead. 

Whether he fired the gun on purpose or accidently makes no difference either.

It only makes a difference as to his guilt for murder or manslaughter.

The defense argued the gun was accidentally discharged. It was postulated that he had no intention to fire the weapon. It was also presented that he no intention to harm Steinle.

The gun was still in his possession when fired.

The San Francisco jury found Garcia Zarate not guilty of murder and manslaughter after six days of on and off deliberations.

All the facts — testimony and demonstrable evidence — appear to the impartial observers that at the very least, a conviction of manslaughter was warranted. Manslaughter includes the reckless and/or negligent conduct of a defendant causing the death of a person.

Intent is not an element of manslaughter.

Either the prosecutors were derelict in presenting the facts or the jury was unwilling to perform their duty of fairly and impartially weighing the evidence, follow the court’s instructions.

It appears one or other jurors held out for either a murder or manslaughter verdict. The majority of the jurors, for whatever reason, had sympathy for the defendant. At first blush, it would appear the jurors chose to ignore the evidence and court’s instructions. That is a hury's prerogative.

The jurors came into the jury box with their everyday knowledge, experiences, political and social beliefs. The court instructed them to put such beliefs aside and be fair and impartial. Only the jurors know the veracity of their verdict.

The reality is, that California and San Francisco in particular, are strongholds for a sanctuary mentality. This sanctuary thinking nullifies federal laws and encourages illegal border-crossings regardless of the injury and damage to American citizens it causes.

From 2008 to 2014 illegal aliens accounted for 38 percent of all murder convictions in California, Texas, Arizona, Florida, and New York. These figures do not reflect the crimes of international criminal gangs like MS-13, the Latin Kings, etc.

The costs in lost lives, pain and suffering, property damage, and lost incomes caused by illegal aliens committing crimes is unknown. But, the Steinle family does know the pain and suffering illegal immigration and sanctuary thinking causes.

James H. Walsh was associate general counsel with the U.S. Department of Justice Immigration and Naturalization Service from 1983 to 1994. Read more reports from James Walsh — Click Here Now.

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JamesWalsh
The costs in lost lives, pain and suffering, property damage, and lost incomes caused by illegal aliens committing crimes is unknown. But, the Steinle family does know the pain and suffering illegal immigration and sanctuary thinking causes.
jury, manslaughter, steinle, verdict
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2017-57-01
Friday, 01 December 2017 04:57 PM
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