Garcia Zarate Hearing Postponed Because Lawyer Is Ill

SAN FRANCISCO, CA — A federal court hearing in the firearms case of an undocumented Mexican immigrant who was acquitted of the murder of a woman on a San Francisco pier was postponed today until May 8. Jose Inez Garcia Zarate is charged in federal court in San Francisco with two counts of being an ex-felon in possession of a gun and an undocumented person in charge of a gun.

In a separate state court case, Garcia Zarate was charged with the murder of Pleasanton native Kate Steinle, who was fatally shot as she walked on Pier 14 with her father and a friend on July 1, 2015. In the state case, Garcia Zarate was acquitted by a San Francisco Superior Court jury in November of murder and assault with a deadly weapon, but was found guilty of a state charge of being an ex-felon in possession of a gun.

Several days later, he was indicted by a federal grand jury on the two federal firearms charges. Today's hearing before U.S. District Judge Vince Chhabria in San Francisco was scheduled for arguments on two pretrial defense motions. But defense attorney Maria Belyi told Chhabria that lead defense attorney Tony Serra, 83, wasn't feeling well and wanted to postpone the hearing. Chhabria agreed and rescheduled the hearing for May 8.

One of the defense motions asks for dismissal of one of the two gun charges on the grounds they are redundant. The other motion asks for court permission to gather evidence to support a defense claim that the
federal prosecution is unfairly vindictive because Garcia Zarate is undocumented.

Chhabria did not say how he plans to rule, but did say he may rule on the motions in advance of the May 8 hearing on the basis of briefs filed by the defense and prosecution. In that event, the May 8 hearing will be a
status conference on next steps in the case, he said.

By Bay City News: Image by City/County of San Francisco via AP