solo quieren hacer dano al senor garcia zarate porque es inmigrante indocumentado, no estan deepresentara un nuevo abogado tony serra...quien dijo esto es una venganza politica del gobierno de trump tony serra/representara a garcia en corte federal esto es una venganza, por lo que apenas empecemos el caso presentaremos una mocion para que se anule, judicializar a alguien como un acto de represalia es ilegal.... serra dijo que su accion estara respaldada por las propias palabras del presidente trump quien califico de vergonzoso el veredicto.. el ha usado el caso en numerosas ocasiones para atacar a las ciudades santuario y justificar la construccion de un muro en la frontera que verguenza el gobierno federal, que verguenza la administracion de trump, empezar un caso basado en represalias. el caso federal podria iniciarse tan pronto como la proxima semana, mientras que tambien podrian apelar la conviccion por posesion de arma, pues dijeron fue accidentalmente que garcia zarate tomo la pistola, no realmente que la poseyo....en san francisco pilar nino noticiero telemundo 48 --los

. >> pase feliz---hoy fue sentence garcia zarate", el inmigrante exonerado por la muerte de kate steinle"pilar niÑo" desde san francisco nos cuenta que aunque se cierra un capitulo, no acaban los problemas para este inigrante. a tres anos en prision fue sentenciado hoy jose garcia zarate, que aunque exonerado por la muerte de kate steinle, fue convicto el pasado 3o de noviembre por el cargo de posesion de armas en el hecho...y aunque hoy hubo intentos de la defensa por desafiar tambien esa conviccion no fueron exitosos. george gascon/fiscal de san francisco en este momento el caso ya se acabo, el sospechoso fue sentenciado a 3 anos por la ofensa que fue encontrado culpable, nosotros y yo personalmente apoyo la decision de la corte sin embargo garcia zarate ha estado preso desde julio del 2015 por lo que recibe los creditos por el tiempo servido, y ya puede ser liberado.sin embargo sus problemas no se han acabado pilar nino ahora a pesar de que jose garcia zarate ya cumplio su sentencia, no saldra a la calle libre. y es que nuevos cargos federales le fueron archivados despues de ser exone

garcia zarate.i just want to remind folks because so often it's lost in this case and the publicity around the case the most important fact of the case, the physical evidence in the case. this was a long distance ricochet shot, a single shot that traveled 90 feet from gun fully loaded that was pointing at the ground. the physical evidence indicated that this was a tragic accident. today with merely a hearing on sentencing mr. garcia zarate has already completed the credits, he's actually already spent around 400 days longer than the maximum sentence for the crime which he was convicted, possession of a weapon, and essentially he was convicted for possession of a weapon based on a brief and momentary holding of the gun and throwing it into the water after it accidentally discharged. so he will be released from custody today pending any federal charges that mr. adachi spoke of. mr. garcia zarate also wants to thank the public and we certainly think mr. garcia zarate for his resilience after being fals

charging garcia zarate with gun possession.cia zarate's new attorney says he plans on filing two motions to get the case dismissed. one for double jeapordy... and the other for vindictive prosecution. <"this came out of the trump administration, you know what trump thinks of us were san francisco, sanctuaries, take away their money they're a bunch of radicals. my god i think one time he said it was an asylum without walls out here in california. the voters disrespected him he has an appetite for vengeance that's why we're here.">(robin) garcia zarate did not enter a plea yesterday. that's expected to happened during his next court appearance on febuary 13th. (robin) a former google employee is filing a lawsuit against google... we'll tell you why ... (robin) and here's a live look outside...at the san mateo bridge. ) (ácommercialá)(áábreakáá) (robin) welcome back. checking in on your morning forecast. rebecca:look for mostly dry conditions today before a storm system brings widespread rainfall and breezy to locally gusty winds

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (vicki) the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis pleaded not guilty in court today. the f-b-i says 26-year-old everitt jameson told undercover agents he planned to set off explosives then shoot people. the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas. jameson's attorney says that day he was placed on a "51-50" hold for two days.... because authorities believed he could cause harm on himself. <"he was committed to a 51-50 hold as a potential danger to himself or others due to mental health, but was then released because he was not found to be a potential danger to others because of his mental health, and that is why he was in court today.">(vicki) jameson will remain in custody until his next court app

we're live at the sentencing of jose ines garcia zarate. good afternoon, i'm michelle griego. >> and i'm kenny choi. kpix 5 reporter anne makovec is live at san francisco superior court with the very latest. anne. >> reporter: yeah. the sentencing was just handed down about 20 minutes ago. three years in state prison for the man who killed kate steinle who fired the gun. he is not going to be in jail here any longer because he already served that time. so he is now going to be handed over to the federal government to face charges. let me take you back. in late november, jose ines garcia zarate found not guilty of murder and manslaughter in the 2015 killing of kate steinle in san francisco's pier 14. but he was convicted of being a felon in possession of a firearm. so that's what the sentencing today was for, the maximum sentence, three years in prison. but he has already served almost three years because he has been jail since he killed kate steinle. so instead of being released, the sheriff's department says he is going to be turned over t

jose garcia zarate is jose garcia zarate is expected to be released from the county jail. he was sentenced to time served on a gun posession charge. but that doesn't mean garcia zarate will be walking the street anytime soon. garcia zarate will face new áfederal charges. ( darya ) police are looking for four people accused of robbery... and of shooting at the men who tried to stop them. this happened around 2:30 sunday morning... at a home on summit drive in fremont. officers say two people inside the home... heard loud noises outside. when they opened the front door... they saw a group being robbed by four people. when the men tried to stop the robbers... one of the thieves shot at them. the thieves then ran off. the two men who were shot at were not seriously hurt. the four suspects are still on the loose. ( darya ) a traffic stop in the east bay ends with police taking loaded guns from teens. here are the guns police in richmond recovered. they include a couple of magazines and two loaded pistols... one of which was reported stolen. police say an officer patrolling the

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (pam) in san jose... a judge has handed down the maximum sentence for three former sheriff's deputies ... in the murder of an inmate in the county jail. the trio was convicted last summer ... of second degree murder, in the 2015 beating death of mentally ill inmate michael tyree ... who was found dead in his cell in the main jail. shown here in an earlier court appearence, matthew farris, rafael rodriguez and jereh lubrin each received a sentence of 15 -years to life in prison. the maximum sentence handed down... despite pleas for leniency from the defendants families. (steve) an update to a story we told you about earlier this week... the man in a santa hat... shooting a gun on a tenderloin street in san francisco christmas morning... has been arrested. 27-year-old xavier watson from fairfield is now in police custody and facing felony charges.

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (vikki) another big story tonight. the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis, pleaded not guilty in court today. the f-b-i says, 26-year-old everitt jameson told undercover agents, he planned to set off explosives then shoot people. the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas. jameson's attorney says, that day he was placed on a "51- 50" hold for two days .... because authorities believed he could cause harm to himself. <"he was committed to a 51-50 hold as a potential danger to himself or others due to mental health, but was then released because he was not found to be a potential danger to others because of his mental health, and that is why he was in court today."> (vikki) jameson will remain i

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (pam) also today...the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis pleaded ánotá guilty. the f-b-i says 26-year-old everitt jameson told undercover agents he planned to set off explosives then shoot people.the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas... he will remain in custody until his next court appearance in april. (pam) a judge has handed down the maximum sentence for three former sheriff's deputies.... in the murder of an inmate in the county jail. matthew farris, rafael rodriguez and jereh lubrin each received a sentence of 15 -years to life in prison. the trio was convicted last summer.... of second degree murder, in the 20-15 beating death of mentally ill inmate michael tyree, who was found dead in h

garcia zarate will face new áfederal charges.(robin) at least on person was injured in a car crash in san ramon. take a look at these pictures courtesy of the san ramon police department. the crash happened yesterday afternoon on alcosta boulevard. police say ... alcosta was shut down between stagecoach road and olympia fields drive for about five hours. the conditions of the person injured are unknown. (robin) the state of california is pulling ads aimed at -discouraging driving high- after critics say it ápromotedá marijuana use. the majority of the ad featured people talking about -why they use marijuana. it closed with them saying -they never drive while high... and "d-u-i doesn't just mean booze." traffic safety officials are concerned with certain elements of the ad. it's set to be replaced with a different one produced last year that warns smoking pot, can result in charges for d-u-i. (robin) a wrong way-driver on interstate-5 was responsible for a crash that killed 6 people ... including a recent high school graduate... a

su odisea, no termina allÍ. >> por 45 minutos los defensores pÚblicos de josÉ inÉs garcÍa zÁrate retocaronbalas. no tenÍa ninguna motivaciÓn a hacerle daÑo a ella. reportera: el juez fallÓ en contra de la defensa impuso la mÁxima sentencia de tres aÑos tras las rejas por posesiÓn del arma y su decisiÓn fue impulsada por el pasado de zÁrate con siete condenas por delitos graves, posesiÓn de drogas e ingreso legal a los estados unidos. pero, desde la muerte de stanley, zÁrate fue arrestado ya ha pasado 919 dÍas tras las rejas en espera de un juicio, aÑos que le cuentan a su favor. es por esto que no tendrÁ que pagar la condena de hoy. sin embargo, su caso no terminÓ aquÍ. ahora, algo que no federal le impuso nuevos cargos. >> estamos seguro que el gobierno estÁ usando sus poderes sin ningÚn tipo de Ética porque sÓlo quieren hacer daÑo al seÑor garcÍa zÁrate porque es inmigrante indocumentado. no estamos en acuerdo con el veredicto y entonces estÁn tomando cargos federales. reportera: los dos cargos federales son por ser un delincuente en posesiÓn del arma de fuego y ser un inmigrante indocum

political analyst michael cardoza says regardless of what the judge decides today, garcia zarate will still face federal charges. >> i think the judge will overrule or deny and send it up on appeal and say take this up on appeal and sent it to the appellate court. i will send him to three years. he turns around and walks out the door. or, theoretically, could walk out the door. but as he takes a step toward the door, the feds will be there. the feds will grab him. >> a well-known defense attorney tony serra will represent garcia zarate on the federal charges. he also represents derrick almena in oakland's ghost ship warehouse fire case. >>> immigration advocates are demanded the release of a 20- year-old uc berkeley student now being held in san diego by the border patrol. last weekend luis angel mora villota was visiting his girlfriend in san diego county, heading home from a party , when his lawyer says they made a wrong turn and ended up at an immigration checkpoint. the lawyer says he was taken into custody for a visa violation and is being held at a private prison. he came to the

jose ines garcia zarate shot and killed steinle on pier 14 back in july of 2015. e illegal immigrant was convicted on charges of being a felon in possession of a firearm. zarate faces an identical federal charge and deportation. >>> in just a few hours, we are expected to learn more about the arrest of a man accused of sexually assaulting a teacher in west san jose at harker middle school. police will hold a news conference at noon today. >>> in wine country, federal and state officials say that debris clean-up to finish in the next two months after the wildfires. the secretary of the department of homeland security says that the weight of the debris is now equal to the weight of the golden gate bridge. >>> people along the east coast are bracing for record cold temperatures just a day after being hammered by a major winter storm. thousands of flights were canceled and hundreds more are grounded today. bay area flights are being impacted. >>> and you may have some impact on your ride due to this crash that we're just getting word of northbound 880 near "a" street a

y hay nuevos detalles sobre el inmigrante indocumentado josÉ inÉs garcÍa zÁrate, quien se presentÓ enepresenta dijo que no solicitÓ. el jefe de la policÍa de san francisco anunciÓ hoy una nueva iniciativa para frenar una epidemia de robo de automÓviles y otro delitos contra la propiedad. el aÑo pasado la ciudad registrÓ 30,000 robos de automÓviles y para hacerle frente a este flagelo estÁn entrenando equipos para monitorear a delincuentes. y el presidente sale a la defensa de su sanidad mental. ademÁs, hablamos con una doctora sobre la estancia de la mamografÍa. ♪ ♪ palmira: el examen de los senos a tiempo podrÍa convertirse en un pase para una vida prolongada, por eso se tiene que tener en cuenta la importancia de hacerse una mamografÍa a tiempo. viviana: esta es una imagen de un seno tomada con rayos x. los mÉdicos usan esta mamografÍa para buscar signos de cÁncer de mama en su etapa inicial. >> si uno lo detecta temprano reduce la causa de muerte. viviana: la edad de la cual uno debe realizarse el examen depende. >> en estados unidos, empezando a los 40 o 45, en otros paÍses empiez

his arguement, same as the public defender, that garcia zarate didn't hold the gun long enough on thel it possession. but his other strategy will be to bring politics into the courtroom.a vote for guilt would be a vote for trump and everything he stands for. and a vote of not guilty would hurt serve the interest of justice. so we see this case once again as politically motivated and it will be politically defend itno matter what the outcome in that matter....garcia zarate will likely spend another two years in prison. for allegedly violating a condition of his supervised release stemming from his last conviction of illegal entry. maureen kellly kron4 enws (( áá v.o. / steve áá )) in a night of drama and passion the golden globes oprah winfrey makesa big impression, now many wonder if running for president could actually happen (( áá v.o. / pam áá )) a young man well known for the hollywood series '13 reasons why'... isgetting known for a different reason, after a theft in marin county (steve) taking a live look at stormtracker 4 radar as rain hits the bay area... we will have more on

jose garcia zarate will be sentenced for illegal gun possession. the conviction carries a maximum sentence of three years in prison. but he might not serve that much time. garcia zarate has been in jail since the day of the shooting. ( james ) police are looking for the thieves who made off with an a-t-m... during a smash and grab burglary in mountain view. they say the thieves used a stolen truck to smash through the front door of a restaurant... to get to the a- t-m. the truck was found abandoned about a block away. the burned a-t-m was found broken apart and empty in a google parking lot a few miles away. ( will ) in the east bay... a package thief is caught on video stealing from a home in oakland. the victims say two packages were taken. one box contained cookies from grandma. when the thief realized what was inside... he threw the cookies on the ground. the other package is still missing. the victims have nicknamed the thief the "cookie monster"... and they're hoping he'll be caught soon. ( will ) happening now... a warning about car break-in

garcia zarate is being held in yale, -- jail, and u.s. marshals will likely pick himup next monday or tuesday bringing him back to san francisco court for his arraignment on federal charges. the judge handed today a 3-year sentence to garcia zarate for the felon in possession of a firearm charge. he is basically done, and the defense argued a motion for a new trial, wanting him cleared of the possession conviction, but the judge denied the motion. while the murder case is over, troubles with the federal government are just beginning, with an outstanding warrant for his probation violation for his immigration status, and this time around he's going to be represented by tony sarah. >> as indicated, this is retaliatory, therefore, there is going to be a motion made at the beginning for dismissal under federal and state law. we are going to ascertain if there was collusion between the federal authorities and the state authorities and if so, we can bring a motion to dismiss on double jeopardy grounds. >> reporter: he was found not guilty of ki

charging garcia zarate with gun possession.arcia zarate's new attorney says he plans on asking a judge to get the case dismissed for double jeapordy and vindictive prosecution. <"this came out of the trump administration, you know what trump thinks of us were san francisco, sanctuaries, take away their money they're a bunch of radicals. my god i think one time he said it was an asylum without walls out here in california. the voters disrespected him he has an appetite for vengeance that's why we're here.">( james ) garcia zarate did not enter a plea in yesterday's hearing. ( darya ) happening now. a man is recovering from life-threatening injuries...after being attacked in san francisco's nob hill neighborhood. police say the 37-year-old man was walking to his apartment on sutter street... when he was attacked by three people. the victim was taken to the hospital. we don't know why the man was attacked... police say nothing was taken from the victim. so far... no arrests have ( darya ) san francisco police are also looking for

jose ines garcia zarate was found guilty of being a felon in possession of a firearm.>>> number five, the bombshell book exposing salacious new details about the trump administration is on sale this morning four days earlier than expected. people in washington, d.c., lined up overnight to get their cpy. >>> number six, just coming in, an accident northbound 880 in hayward. several vehicles involved over several lanes. traffic is getting by. we'll check back in about a half hour. >>> justin timberlake is back and so is the dancing robot. the pop singer dropped his new single last night called "filthy." the full album comes out february 2nd. a super bowl performance. reggie tweeted out his review of it. >>> it's not "can't fight the feeling." it's not that. >>> good morning, america. digging out from the deadly storm. more than a foot of snow slamming the east coast. ferocious waves flooding cities trapping drivers. entire streets of cars stuck in freezing water. a family scooped from the roof of their home. now a dangerous arctic blast moving in. windchills plunging to

de hoy. -- tras su absolucion en el caso por la muerte de kate steinle, garcia zarate debe enfrentarde un exconvicto en posesion de un arma de fuego. -- la proxima audiencia ser el 13 de febrero, mientras tanto, el inmigrante mexicano permanecer preso sin derecho a libertad bajo fianza. --- un auto termin envuelto en llamas en el puente de san mateo tras un aparatoso accidente --- --- el incidente ocasion cerca de seis millas de trfico tras el cierre de dos carriles mientras lograban extinguir las llamas --- --- no se reportaron heridos tras este accidente--- --un comite especial present hoy sus recomendaciones al distrito escolar de ''oak grove'' en san jos.. sobre el futuro de varias escuelas, debido a la disminucion del numero de estudiantes en ese distrito..y un deficit presupuestario de mas de 50 millones de dolares.. --el comite recomend cerrar tres o cuatro planteles al comienzo del ciclo escolar 2018--2019 y crear nuevos limites que permitan enviar a los alumnos via autobus a otras escuelas cercanas.. --no se ha dado a concoer cuales son los planteles afectados.. ----expertos

garcia zarate was recently indicted by a grand jury for violating state immigration and gun laws for possessing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for potissession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidental discharged. >> reporter: it will now be up to civil rights attorneys to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter: in

jose ines garcia zarate's three-year sentence for a gun charge is complete after time served. but as ktvu's tara moriarty explains, zarate isn't a free man just yet. >> reporter: the defense team for illegal immigrant and seven-time felon jose ines garcia zarate vows to keep fighting despite he won't serve any more time on his three-year prison sentence handed down today. with time served his sentence is fulfilled. >> i want to express my personal gratitude and quite frankly for the cause of justice that they were able to mount the defense that they did. >> reporter: a felony gun possession was the only conviction to come out of the six-week trial where the jury decided steinle's killing, the result of a ricochet bullet fired from 90 feet away, was an accident. >> i want to again express the sorrow and how bad we feel for the family. there will be some closure at least. this is a local case. >> reporter: the defense argued for a motion for a new trial but the judge denied the motion. gonzalez will appeal. zarate is not a free man. he faces federal charges for being an illegal a

garcia zarate was recently indicted by a federal grand jury for violating state immigration and gun lawssing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for possession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidentally discharged. >> reporter: it will now be up to civil rights attorney tony sera to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter:

undocumented immigrant jose garcia zarate appeared on federal charges related to her death.as kron4'sreen kelly reports.... in addition to being in a new courtroom... with a new lawyer by his side...the defendant also gave a new name. he was called juan lopez sanchez after he was arrested for the murder of kate steinle back in 2015.at the start of the trial we were told he was really 45 year old jose garcia zarate.now today he gave the name juan jose dominguez-de la parra and said he's 54 year old.his new attorney tony serra says that was the name he was using when he was convicted for illegal entry in texas. .but serra will continue to refer to his client as garcia zarate. the five time deportee was wearing the red uniform from alameda county jail,, where he'll be held without bail since he's now also wanted for allegedly violating the conditions of his supervised release from that texas charge. the asst us attorney says he didn't check in with authorities within 72 hours of being let go by the san francisco sherrif department a new months before steinle's killing. after court serra

. >>> undocumented mexican immigrant jose ines garcia zarate received a sentence today for a weapons charge following the death of kate steinle. with credit for time served his sentence is completed. as ktvu's tara moriarty explains, he won't be a free man just yet. >> reporter: the defense team for illegal immigrant and seven-time felon jose ines garcia zarate vows to keep fighting despite he won't serve any more time on his three-year prison sentence handed down today. with time served his sentence is fulfilled. >> i want to express my personal gratitude and quite frankly for the cause of justice that they were able to mount the defense that they did. >> reporter: a felony gun possession was the only conviction to come out of the six-week trial where the jury decided steinle's killing, the result of a ricochet bullet fired from 90 feet away, was an accident. >> i want to again express the sorrow and how bad we feel for the family. there will be some closure at least. this is a local case. >> reporter: the defense argued for a motion for a new trial but the judge denied the motion.

jose garcia zarate will be sentenced for illegal gun possession.ion carries a maximum sentence of three years in prison. but he might not serve that much time. garcia zarate has been in jail since the day shooting. ( james ) police are looking for the thieves who made off with an a-t-m... during a smash and grab burglary in mountain view. they say the thieves used a stolen truck to smash through the front door of a restaurant... to get to the a- t-m. the truck was found abandoned about a block away. the burned a-t-m was found broken apart and empty in a google parking lot a few miles away. ( james ) a package thief is caught on video stealing from a home in oakland. the victims say two packages were taken. one box contained cookies from grandma. when the thief realized what was inside... he threw the cookies on the ground. the other package is still missing. the victims have nicknamed the thief the "cookie monster"... and they're hoping he'll be caught soon. ( will ) happening now... a warning about car break-ins in san jose. and some of the thieve

political analyst michael cardoza said regardless of what the judge decides today, garcia zarate will still face federal charges. >> i think the judge will overrule or deny and sent it up on appeal and say take this up on appeal. said that the appellate court. i will sentence him to the three years. he turns around and walks out the door or, theoretically, could walk out the door. as he takes a step toward the door, the feds will be there. the feds will grab him. >> while no defense attorney tony serra will represent garcia zarate on the federal charges. serra also represents derrick almena in oakland's ghost ship warehouse fire case. >>> a huge winter storm blasting the east coast and is bringing lots of snow with hurricane force wind and coastal flooding. blizzard warnings are in effect from north carolina to maine. more than 18 inches of snow has fallen in some areas. parts of the northeast will have temperatures today in the single digits. thousands of flights have been canceled, stranding many travelers. >> it is frustrating but it is what it is. we don't control mother nature. y

the judge could grant a new trial for the one count that jose e necessary garcia zarate was convicted of. >> and we go to the courthouse to see what to expect this morning. keith? >> yes, good morning to you. in a few hours the sentencing hearing here at the hall of justice and the big question is what you mentioned will the judge grant a new trial when it co comes to the weapons possession for jose ines garcia zarate who was acquitted in the shooting of kate steinle in pier 39 shooting. the judge decided he was not guilty of murder or manslaughter charges, and they dispute that he has possession of the firearm, and the jury was not informed of the transitory possession. that he held it briefly, but not enough to hold it possession. the retrial would be bogus says the judge. but the weapons con vviction gog to be staying unchanged, but he expects the arguments over jury instructions to continue. >> i believe there is a real possibility that there is an instructional error in the case, and based on that the new trial might be granted, and more likely the new trial would be denied, but

garcia zarate was recently indicted by a federal grand jury for violating state immigration and gun lawsssing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for possession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidentally discharged. >> reporter: it will now be up to civil rights attorney tony sera to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter:

inglÉs] vilma: el legislador recrea en su comercial el caso de este inmigrante indocumentado, josÉ garcÍa zÁraten de asesinato de la estadounidense kate en san francisco y quien habrÍa sido deportado varias veces. >> [hablar en inglÉs] vilma: la senadora demÓcrata estatal de florida criticÓ duramente el comercial. >> es una reacciÓn de horror cuando vi este comercial. es un comercial racista, doloroso para la comunidad hispana. vilma: melissa taveras de una organizaciÓn pro inmigrante dice que el video es indignante. >> claramente es un video racista. es un vÍdeo que estÁn utilizando para crear confusiÓn entre nuestras comunidades. vilma: el comercial sale justo conoce estÁ debatiendo en el congreso estatal el proyecto de ley que busca prohibir que la florida se convierta en santuario. >> realmente es muy triste. todos estamos viendo esta propaganda racista como algo donde Él ha decidido que para coger los votos de los extremistas, del partido republicano, va a llegar a ese nivel tan bajo. >> os otros somos un estado de inmigrantes. somos un estado de minorÍas, somos un estado de gente honesta q

garcia zarate has been in jail since the day of the shooting. (grant) thursday morning's 4.4 magnitude earthquake on the hayward fault sent small items flying off the shelves. you can see items on the floor of this safeway store in san leandro....even a ceiling panel fell. and while damage was minimal...a chart from the u.s. geological survey shows it was felt by thousands from santa rosa to santa cruz. the quake was centered in berkeley...about a mile west of the claremont hotel. but seismologist says damage was limited because of how deep it was and the way it ruptured. jack boatwright/usgs seismologist says "most earthquakes this size rupture up towards the surface and somewhat along the fault. this one ruptured down and to the south east on the fault." (grant)fault."(grant) since the initial 4.4 quake, there has only been one small aftershock. and if that holds it could mean this is not a foreshock, for that big bay area quake that's supposed to happen within the next 30 years. (grant)(2shot) yesterday's earthquake was a relatively small one

at his trial last year...we were told he is 45 year old jose garcia zarate...today... he gave the name juan jose dominguez-de la parra and said he's 54 year old. back in november a san francisco jury found garcia zarare guilty áonly of being a felon in possesion of a gun...and let him walk on all of the most serious charges related to kate steinle's death. the reaction from the white house was swift....president trump tweeting it was a disgraceful verdict. five days later the federal indictment came down....charging him again with gun possession. the suspect's new attorney...says he plans on filing two motions to get the case dismissed....one for double jeapordy, for which he'll need to effectively argue that the feds colluded with local proscuters during his first trial, the other motion...for vindictive prosecution. tony serra, attorney: "this came out of the trump administration, you know what trump thinks of us were san francisco, sanctuaries, take away their money they're a bunch of radicals. my god i think one time he said it was an asylum without walls out here i

i will say the state charges don't affect the federal charges except the jurors will know that garcia zarate had been convicted on the same charge. reporting live from san francisco, sam brock. >> what happens next after court? zarate returned to the san francisco jail. he will stay there until federal marshals pick him up. the marshals take him to a federal detention center in alameda county where he will face the separate federal charges. he is scheduled to appear in federal court early next week. >>> okay. it is not what her hometown hoped to hear. the local favorite is out of the u.s. figure skating championship in san jose. >> a big deal no olympic foss polina edmunds. late today she price the skating world when she dropped out. she was supposed to be on the ice. garvin thomas joins us with the exclusive interview. and this might be the end of the career. what did she have to to say. >> i asked her that particular question. it's a bit early to answer that. right now let's talk about where she is tonight. we said the short program she skated on wednesday she skated killeenly. she was hap

garcia zarate not guilty. >> reporter: the defense filed for a retrial. though the people of the state of california pushed back. in a motion submitted this week, prosecutors kentd o contend a momentary possession instruction requires substantial evidence that the defendant did not intend to prevent law enforcement officials from seizing a firearm. zarate by his own admission tossed the weapon into the water. >> clearly he wasn't trying to assist law enforcement in recovering this weapon. >> right. >> the prosecution has a pinpoint here that this should negate any notion of transitory possession. >> what the prosecution has is theory if this trial moves anything it's that both the prosecution and defense had powerful theories. >> nbc legal analyst dean johnson says the judge is likely to keep the weapon possession conviction in place but he says expect the arguments over jury instructions to drag on. >> i think there is a real possibility that there is an instructional error in this case. and based on that, the new trial might be granted, more likely the

. >>> jose inez garcia zarate may be turned over to federal officials today.n friday garcia zarate who was acquitted of murder in the shooting death of kathryn steinle in 2015 was sentenced to three years in jail for a gun charge linked to the death but with credit for time served he will not serve any more jail time on that charge. zarate now faces federal charges for being an undocumented immigrant in possession of a firearm. his lawyers will fight the charge. >>> in fremont two men are recovering after being shot yesterday morning while confronting four car burglars. kevin sykes says he and his roommate found four people breaking into his truck and that is when he tried to physically stop the thieves. that is when they were shot. sykes is out of the hospital and his roommate is being treated but is expected to recover. >> it all just happened so fast. you know, looking back on it, i probably would have handled it differently, but i just wanted to get those people. >> the thieves were to men and two women in their 20s. >>> what started as a traffic stop in r

jose garcia zarate made his first appearance in federal court. the judge said he is wanted on an arrest warrant out of texas. he is expected to face charges in that state after this current federal case in san francisco is figured out. he is charged with being a convicted felon and an undocumented immigrant in possession of a firearm. last week garcia zarate was sentenced to three years in jail on a gun charge related to the steinle case. he was released into federal custody because of time serve good former state senator mark leno has filed his paperwork to run for mayor. he is one of many running for a special election in june to fill out the remainder of the late mayor ed lee's term which ends in january of 2020. tomorrow is the deadline for anyone interested in running to file paperwork with the city's department of elections. supervisor jane kim, former supervisor angela alioda have also entered the race. >>> a political heavyweight in democrat circles. what was announced today about his future plans to run for office. >>> plus, the "nationa

jesse gary, ktvu in san francisco a judge sentenced garcia zarate in the death of kate steinle. he was sentenced for three years in jail for being a felon in possession of a firearm. the immigrant-- the undocumented immigrant was acquitted for the murder and he will not serve any more jail time but will be taken into federal custody to face a new weapons charge. they called the charge retaliatory. >> there's going to be a motion made right at the beginning for dismissal predicated on vindictive prosecution-- prosecution which is disallowed under federal and state law. >> his attorney says us marshals are expected to pick up us-- garcia zarate and taken to federal jail which is in oakland. he is set to be arraigned on federal charges monday or tuesday next week. 3 for-- former sent a query-- santa clara guards were sentence for the death of an inmate in the custody and we are joined live with more on that story. >>> the judge began by saying he thought it was inappropriate to grant probation which had been one possibility. instead he handed down the maximum sentence. >> three for

a judge sentenced jose ines garcia zarate to three years in prison for gun possession. zarate was released on credit for time served and immediately after that federal authorities charged zarate with being a convicted felon and an illegal immigrant in possession of a firearm. he was never out of custody. state prosecutors tried to convince the jury he had deliberately fired a gun. that bullet ricocheted and then went 78 feet into the air hitting steinle in san francisco. >> suspects who shot two people in fremont. the people shot were trying to stop a car burglary. >> officers and k- 9 teams searched for four people. detectives believe the two victims were shot after they confronted two men and women who broke into a car. >> shocking because it's a quiet neighborhood. never seen this happen here. really nice, peaceful neighborhood. been living here for a long time. >> both shooting victims are expected to survive. >>> a woman died in a traffic crash. they believe her car collided with a car that was turning just after 6:00 last night. the woman's toyota overturned and sh

garcia zarate has been in jail since the day of the shooting. sonoma county sheriff's deputies arrested a woman for driving under the influence of alcohol and marijuana. deputies stopped davynna nicholls , after they say, she was driving erratically and committed traffic violations. officials determined nicholls was under the influence of drugs and alcohol while driving. deputies searched the vehicle and found numerous bags of white powder suspected to be ketamine -- which is a type of anesthetic used in human anesthesia and veterinary medicine. officials also found blotting paper that is believed to be acid. nicholls was arrested and booked on suspicion of d-u-i -- as well as two misdemeanor counts of possession of a controlled substance. bcn20:sonoma co.: sj woman arrested for driving under influence of ( steve ) ( steve ) just ahead... surfers around the world are checking their calendars in anticipation of mavericks at half moon bay .. and this year, there is a new addition to the competition.. (pam) and we'll check in on how recreational po

jorge: el migrante garcÍa zÁrate fue condenado hoy por posesiÓn ilegal de un arma. disparar a esta joven stanley en 2015. ilia: ante los pronÓsticos de frÍo, la tormenta dejÓ inundaciones en massachusetts, un pie de nieve en otras regiones y millones de personas se realizan tareas de limpieza y recuperaciÓn en medio de las heladas temperaturas. peggy carranza nos tiene el reporte. peggy: sensaciones tÉrmicas de hasta 30° bajo cero se mueven peligrosamente en el noreste del paÍs hora despuÉs del paso de un ciclÓn invernal que dejó catastros eficaz y inundaciones en las costas de massachusetts, decenas de miles de hogares sin electricidad y un pie de nieve en otras regiones . fue sorprendente porque sucediÓ en 1 a que normalmente no se vio afectada en tormentas como estas. en boston, una mezcla de agua helada y un fuerte oleaje causÓ caos y pÁnico entre residentes que quedaron atrapados en sus viviendas y dejÓ numerosos vehÍculos sumergidos en lo que parecÍa un río. ahora, el reto es la limpieza de las carreteras y calles tapadas por la nieve o cubiertas por el llamad

gun had been previously stolen and jury in the murder trial seemed to believe garcia zarate when he said he found it and it went off accidentally. he already served time for that conviction. attorney will argue double jeopardy if he can prove collusion between local and federal authorities to hurt his case. >> vindictive, revenge. >> second motion to get off. vindictive prosecution, proven retaliation against the defendant. professor of law rory little says the judge will certainly listen to the claims. >> only reason you're prosecuting him is you're angry about acquittal, that's his constitutional right, shouldn't be allowed to do that. >> today in federal court stated different name, not one used in kate steinle murder trial. >> he's utilized approximately five different names. call that akas. >> name was one used in texas for which he served time for unlawful entry. then brought to san francisco on pending drug case. that was dismissed, he was released. because he never reported to texas probation department, after the kate steinle shooting u.s. district court in texas issued warrant

jose ines garcia zarate will appear for the first time to answer to federal weapons charges. garcia zarate was acquitted of murder and manslaughter charges in kate steinle's death, but convicted of illegally possessing a weapon in criminal court. last week, he was sentenced to a maximum of three years or time served. >> developing right now, fremont police are asking for your help in solving a shooting during a botched truck break-in that seriously injured two people. this happened early yesterday in what residents call a quiet part of fremont. on summit drive near mellow way. four people were trying to break into a truck parked out of the home. two people who lived in that home tried to stop the robbers. at least one of them open fire. saw the thieves run from the scene, leaving their own vehicle behind. the white pickup truck you seer there or in just a moment. as you can imagine, neighbors were terrified. >> everybody's scared. i didn't sleep since 1:30 or 2:00, we didn't sleep. >> reporter: >> now the two men who were shot suffered injuries that are not life-threatening.

jose garcia zarate faces up to three years in prison.. but he will not serve that much time...s been in jail since steinle was shot and killed on pier 14 back in 2015... he may be credited with time already served. and the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis ... has been indicted. the fbi says, everitt jameson told undercover agents he planned to set off explosives ... then shoot people. the former marine from modesto ... is charged with attempting to aid a terrorist organization. in the north bay.a man is behind bars .... accused of breaking into a home and sexually assaulting an 8-year-old girl in her own bed. this is the suspect -- noah holland.police say, he got into the home, by breaking into a car outside - and using a stolen garage door clicker. it happened around 4 o'clock yesterday morning in rohnert park.police say, the suspect took off his clothes and climbed on top of the eight -year old victim. she woke up screaming and he took off..police found him a short time later ... and took him into custody. ( james )

no matter what sentence jose garcia zarate is given today, he will walk out of county custody because of time served. the maximum he could get for this gun conviction is three years. but now he will be handed over to federal custody. that's because a federal grand jury charged him for being a felon in possession of a firearm. this came after he was acquitted of killing kate steinle. that killing happened in 2015. that's a verdict that president trump tweeted and called disgraceful. defense attorneys call these federal charges vindictive and a direct result of the verdict. >> it's rarely done. i mean, for the federal government to come back two years later and say, oh, you know, by the way, we're going to charge you with federal gun possession because a jury acquitted you, because the president was upset with the verdict, yeah, it's unprecedented. >> reporter: tony sara has volunteered to represent zarate pro bono in the federal case. he could go to prison for ten years if convicted in federal court before then facing deportation to mexico. the sentencing hearing is going on right now.

last month jurors found jose ines garcia zarate guilty of being a felon in possession of a firearm. he was found not guilty on murder and manslaughter charges. if the judge upholds the gun conviction today jose zarate will be sentenced. >>> this morning we are tracking that massive winter storm on the east coast here from our live desk. as if the heavy snow and the hurricane force winds were not bad enough, unfortunately, those folks now dealing with record flooding this morning. in fact, floodwaters froze once hitting the street. a lot of parked cars there on the side of the streets looked more like possible sick ls. and rescuers in boston, massachusetts, pulled more than a dozen people to safety as water surrounded their homes. >> i am fine. the house completely flooded out. propane tank flipped over. there was a small fire inside the house. >> just shocked at how quickly the water rose. >> the worst of the storm is over. in fact, that storm is now moving into southern canada but there are still freezing cold temperatures and there are a lot of flight delays and cancellation this

they acquitted jose ines garcia zarate of being a felon in possession of a firearm. the jury found him not guilty of the other charger, including the charge of first-degree murder. for the felony charge, garcia zarate could be sentenced to six months, 12 months or three years behind bars. this time that his defense attorney says he has already served in the county jail. >>> well, a developing story. the upcoming pyeongchang winter olympics is serving as a potential catalyst of high-level talks between north and south korea. south korea has offered to meet with north korea next way to find ways to cooperate on next month's games. nbc's kelly cobiella reports from seoul. >> reporter: south korea's president moon says he sees this as a possible breakthrough. his government moving quickly to propose a date for talks with north korea. next week, on tuesday, at the so-called truth village in the demilitarized zone. the topic, the olympic games. how would north korea send its ice skating team to the south for the games next month? what would be the logistics and would they

. -- este viernes regresar a corte "jose ines garcia zarate", para escuchar la sentencia del cargo de --- el pasado mes de noviembre un jurado encontr no culpable a zarate de otros cargos incluyendo homicidio en primer grado. -- de ser encontrado culpable podria enfrentar de seis meses hasta tres aÑos de carcel .....segun su abogado ya cumpli este tiempo en la carcel del condado. -- "derick almena" y "max harris", acusados en el caso del incendio mortal en la bodega conocida como barco fantasma, se presentaron hoy en corte para ser acusados formalmente de 36 cargos de homicidio involuntario por el incendio en diciembre de 2016, en oakland. --segun tony serra abogado defensor de almena, su cliente no es un administrador negligente sino una victima ms del siniestro. --- se indic que ambos acusados se van a declarar "no culpables" este 20 de febrero .. --la polica de santa rosa investiga un caso de ira al volante que termin en tiroteo anoche. --las autoridades indicaron que la victma conduca en el area de calistoga drive cuando otro vehculo empez a segurla., al tratar de dar la vuelta, e