jury acquitted jose inez garcia zarate of the most serious charges he faced in the shooting death of kate steinle. >> found not guilty of murder and manslaughter. jurors convicted him of being in possession of a firearm. >> garcia zarate's defense team argued gun went off accidentally and prosecutors claimed deliberately. >> steinle's family told the chronicle tlt they were shocked and we were just told that justice department may pursue federal charges in the case. >> in some ways the case not likely to end here. >>> update the forecast. >> friday and weekend? >> here's a look at winding down of thursday on live doppler 7. mainly clear skies right now. final day of november, worth looking back, easy to forget because of the mild weather lately, 15 days in 30-day month that produced measurable rainfall. green indicates rain and yellow to orange is dry. tonight is dry, chilly in north bay valleys. tomorrow will be sunny and dry and mild once again. low to mid-60s on the coast and everywhere else around the bay and inland. little rain on the way maybe. next seven days, 10% on saturday,

jury acquitted jose inez garcia zarate of the most serious charges he faced in the shooting death of inle. >> found not guilty of murder and manslaughter. jurors convicted him of being in possession of a firearm. >> garcia zarate's defense team argued gun went off accidentally and prosecutors claimed deliberately. >> steinle's family told the chronicle tlt they were shocked and we were just told that justice department may pursue federal charges in the case. >> in some ways the case not likely to end here. >>> update the forecast. >> friday and weekend? >> here's a look at winding down of thursday on live doppler 7. mainly clear skies right now. final day of november, worth looking back, easy to forget because of the mild weather lately, 15 days in 30-day month that produced measurable rainfall. green indicates rain and yellow to orange is dry. tonight is dry, chilly in north bay valleys. tomorrow will be sunny and dry and mild once again. low to mid-60s on the coast and everywhere else around the bay and inland. little rain on the way maybe. next seven days, 10% on saturday, 30% on s

the jury did convict jose inez garcia zarate of being a felon in possession of a firearm.ut he was not guilty of all the other charges. ktvu's tara moriarty was insico outside thhall of justice. now, tara, what was it like inside the courtroom as this verdict was read? >> reporter: absolutely quiet. there was not a whisper or anybody moving in that courtroom when this verdict was read. i think that collectively, most of the people who have been paying attention to the trial and sitting in there day after day were really shocked by the outcome here! a lot of folks that we had talked to and sort of polled unofficially had really thought that zarate would be found guilty of involuntary manslaughter and the two lesser charges but he was found not guilty on all of those murder charges, only guilty on the firearms possession which of course carries a very light sentence and he will only have to serve half of that time after credit for time served. he is going to be out in no time. i do want to mention that there is a warrant out for his arrest by the u.s. marshal's office. so he

and the fact that jose inez garcia zarate, had been deported five times. >> the lack of accountability and change, is what i find the most disheartening and outrageous part of this entire thing. >> i think he did shoot toward them. which is very upsetting to me. i was hoping it was just a ricoch ricochet. >> reporter: the steinles also take issue with politics of the case, including the debate of sanctuary cities. >> we got caught up in immigration and trump. we have our views on immigration and trump. but this was the death of my daughter. >> reporter: the steinles were not in court when the not guilty verdict was read. they told diaz they were shocked and saddened. >> the jury in the steinle case, asked to pull the trigger when it was unloaded. >> in my opinion, this was something that was perfectly permissible for the jury to do. in fact, it was the crucial issue that was tried in the case. >> it's the defense that was pushing for it. the defense must have thought, if the jury started handling the weapon, it would come out their way. why wasn't the prosecution supporting that? maybe

prosecution though said it was slam dunk case, defendant jose inez garcia zarate was especially playingfe version of russian roulette, at pier with full intention of killing somebody. brought on a witness who actually said that garcia zarate was sitting in his chair, laughing at smiling at people as they went by on the pier, laying the theory that garcia zarate was intent on killing somebody, if it wasn't kate steinle. fact that this bullet ricochetted off the ground i think helped out the defense in very significant way. you had a gun specialist testify if it did not ricochet off the ground kate steinle would be alive. made the argument that not even best marksman in the world could make that kind of shot and seems like the jury essentially bought that version. >> and had made various statements to law enforcement when interrogated after being arrested. i assume the defense was able to raise enough questions about his understanding of what he was talking about or saying? >> reporter: the police interview was essentially meaningless, gave conflicting answers, sometimes implicated himsel

why jose inez garcia might be facing federal charges. >>> and a manicure and a mad dash. police are searching for these people who tried to skip the bill at an east bay nail salon. you could save energy by weaving your own shoes... out of flax. or simply adjust your thermostat. do your thing, with energy upgrade california. >>> welcome back. it is 7:11 on your saturday morning. clouds and fog over the san mateo bridge this morning. you'll likely want to head across the san mateo bridge if you're trying to go west. the bay bridge is currently at a standstill following a double fatality crash. >>> acquitted on thursday but now more legal trouble for jose inez garcia. a criminal warrant for the undocumented immigrant's arrest has been unsealed. the warrant is from a judge in texas and was issued right after zarate's arrest for the killing of kate steinle. it finds him in violation of parole supervision and demands compliance even for sanctuary cities like san francisco. the san francisco sheriff's department says it will notify the u.s. marshall once zarate is eligible for r

. >> thank you, jose inez garcia zarate had mainly drug charges after arriving in the united states around 1991. he was first deported in 1994 and was convicted five times for reentering the united states. he was released from jail three months before the shooting of kate steinle. >> now, for our legal analysis, former deputy district attorney john creighton joined us on set during the live coverage of the verdict this evening. he pointed out there could not have been one rogue juror on the case. >> they had to all unanimously agree that he was not guilty. so it was more than one juror, they all 12 agreed that he was not only not guilty of murder and not guilty of involuntarily manslaught manslaughter. >> we have team coverage now in downtown pleasanton. >> reporter: a not guilty verdict was the last thing that people here in her hometown were expecting. tonight, they say justice has not been served. >> i thought it was ridiculous. i honestly thought it was ridiculous. >> reporter: the shocking verdict in kate steinle's murder trial has people in her hometown fuming. >> i was horrified tha

. >> thank you, jose inez garcia zarate had mainly drug charges after arriving in the united states around 1991. he was first deported in 1994 and was convicted five times for reentering the united states. he was released from jail three months before the shooting of kate steinle. >> now, for our legal analysis, former deputy district attorney john creighton joined us on set during the live coverage of the verdict this evening. he pointed out there could not have been one rogue juror on the case. >> they had to all unanimously agree that he was not guilty. so it was more than one juror, they all 12 agreed that he was not only not guilty of murder and not guilty of involuntarily manslaught manslaughter. >> we have team coverage now in downtown pleasanton. >> reporter: a not guilty verdict was the last thing that people here in her hometown were expecting. tonight, they say justice has not been served. >> i thought it was ridiculous. i honestly thought it was ridiculous. >> reporter: the shocking verdict in kate steinle's murder trial has people in her hometown fuming. >> i was horrified tha

and the fact that jose inez garcia zarate, had been deported five times. >> the lack of accountability and change, is what i find the most disheartening and outrageous part of this entire thing. >> i think he did shoot toward them. which is very upsetting to me. i was hoping it was just a ricoch ricochet. >> reporter: the steinles also take issue with politics of the case, including the debate of sanctuary cities. >> we got caught up in immigration and trump. we have our views on immigration and trump. but this was the death of my daughter. >> reporter: the steinles were not in court when the not guilty verdict was read. they told diaz they were shocked and saddened. >> the jury in the steinle case, asked to pull the trigger when it was unloaded. >> in my opinion, this was something that was perfectly permissible for the jury to do. in fact, it was the crucial issue that was tried in the case. >> it's the defense that was pushing for it. the defense must have thought, if the jury started handling the weapon, it would come out their way. why wasn't the prosecution supporting that? maybe

one side believes the case against jose inez garcia zarate never should have been prosecuted as murder. the other says a not guilty verdict means no justice for kate steinle. >> the prosecutors did not do their job. they failed to put on a good case. maybe this will make the country up and make them think about what they are doing. this is becoming too liberal. >> reporter: tony rivera's says he and others in law enforcement were disappointed and frustrated by the verdict. >> it is symptomatic of an attitude of accountability and political correctness interfering with accountability for people doing bad things. >> san francisco public defender jeff ketanji says the prosecutor overcharged his client and the jury knew it. >> it was sort of a throw the book mentality. what was unusual in this case was that they argued in the opening statement for a second degree and then came back later and said we are going to charge this is a first degree. >> legal analysts have attacked the district attorney saying the office's lack of a murder conviction has made him a laughingstock of the united stat

jose inez garcia zarate was found not guilty on murder and manslaughter charges last week. the new federal charges include being a felon in possession of a firearm and having a gun while being in the u.s. illegally. garcia zarate is an undocumented immigrant. he's back in local court next week for sentencing on a gun possession conviction in the steinle case. >>> you are looking at what happens when a van rammed into a house in santa clara. the santa clara fire department also tweeted that no one was hurt in tonight's crash. that's very good news. it happened along andrea place near warburton avenue in santa clara. >>> abc 7 news was in san francisco where an uprooted tree blocked part of davis street near broadway. a witness tells abc 7 the truck hit, it pulling it up from its roots. that tree has since been removed. >>> the family of a toll collector killed on the job is inviting the public to her memorial service. si si han died after a speeding box truck plowed into her toll booth at the bay bridge moments after she started her shift on saturday morning. han's memorial

jose inez garcia zarate was found not guilty on murder and manslaughter charges last week. the new federal charges include being a felon in possession of a firearm and having a gun while being in the u.s. illegally. garcia zarate is an undocumented immigrant. he's back in local court next week for sentencing on a gun possession conviction in the steinle case. >>> you are looking at what happens when a van rammed into a house in santa clara. the santa clara fire department also tweeted that no one was hurt in tonight's crash. that's very good news. it happened along andrea place near warburton avenue in santa clara. >>> abc 7 news was in san francisco where an uprooted tree blocked part of davis street near broadway. a witness tells abc 7 the truck hit, it pulling it up from its roots. that tree has since been removed. >>> the family of a toll collector killed on the job is inviting the public to her memorial service. si si han died after a speeding box truck plowed into her toll booth at the bay bridge moments after she started her shift on saturday morning. han's memorial

. >> defendant jose inez garcia zarate has been found not guilty of first degree murder, second degreeuilty of manslaughter. >> guilty only of one charge, possession of a firearm. team coverage in and outside the krors. >> lyanne melendez has covered the trial from the beginning. >> reporter: it took six days for the jury to reach this verdict. i would calculate about 28 hours or so of deliberations. many people were surprised by the verdict, again not guilty of murder, not guilty of assault with semiautomatic weapon and as you mentioned, guilty of possession of a gun. now that one really surprised me and made little sense to me. this is the explanation given by the public defender jeff adachy. >> they heard the evidence, they deliberated as a group, heard read back testimony, looked at physical evidence and rendered a verdict to best of their abilities in accordance to the law. >> verdict we weren't hoping for. both sides fought very hard but again the jury is the one, the jurors are the ones to

. >> reporter: says his fellow jurors made the right decision to acquit jose inez garcia zeralte. he was alternate jury. requested why the jury was asked to consider frs degree murder, includes remeditation. >> no sign of that. second required malice aforethought. >> reporter: also rejected. never proved intended to kill or harm kate steinle. no notimotive given. no history of violence and bullet ricochetted before hitting her in the back. >> not just ricochet, a bad one. if he intended that shot he just got really lucky. >> reporter: why not involuntary manslaughter? reason prosecution had to claim that in the act of committing the crime he was brandishing a weapon. waving it. >> no evidence presented during the trial. >> reporter: no witness on the pier saw him holding anything in his hand. acknowledges it wasn't easy to see the steinle family in court. >> i knew had to separate feelings about that. >> reporter: jurors couldn't tell anyone they were involved in steinle trial, not even wi s wives, husbands or partners. that tight-lipped. >>> san francisco police searching for two

about an hour after the shooting, police had their suspect in custody. 45-year-old jose inez garcia isn undocumented immigrant deported to mexico five times and would have been deported a sixth time but san francisco, a sanctuary city does not comply with the immigration detention rule the and let him go. saying the gun was found under his seat, that he was wrapped in some cloth and when he examined this object, the gun just went off. they said this gun, a .40 caliber pistol, sig saur has a history of accidental discharges and the jury found enough to have reasonable doubt. he'll be deported back to mexico. keep m mind he's already come into the country several times so some might make the argument he might attempt to come back again. >> thanks. swift reaction to the jury's verdict conservatives blaming the sanctuary city status tore the outcome -- the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers. >> prosecutors calling it disappointi disappointing. this statement from kate steinle's brother brad. the system failed from the start.

." >>> a san francisco jury acquitted this man, jose inez garcia zarate, of the host serious chargese faced in the 2015 shooting death of kate steinle. >> he was found not guilty of both murder and manslaughter. the jurors did convict him of being in possession of a firearm late this afternoon. >> garcia zarate's defense team argued he found a gun and it went off accidentally at pier 14. prosecutors claimed that garcia zarate fired deliberately. garcia's family told "the chronicle" they were shocked by today's verdict. >> "abc 7 news" reporter melanie woodrow was at the shooting scene tonight and has this story. >> reporter: this is where kate steinle was walking with her father two years ago in july of 2015 when she was shot and killed. people here at pier 14 say they are absolutely stunned by this verdict. >> i was really surprised. just shocked as well because someone died from this -- i mean it might have been an accident, but still a life is lost. >> reporter: another woman told us she's not sure a guilty verdict would have helped the steinle family, but she imagines this has to

verdict in that kate steinle murder case in which the accused killer, five times deported jose inez garciacharge. meaning the guy is likely going to be released soon due to time served. california, is a state that is full on sanctuary status. thus as in this case, san francisco did not honor the fed's request for an immigration detainer hold and so he was released. shameful. now, one of his defense attorneys, francisco iguarta had the gall to say this after his client received that slap on the wrist. >> this case was used as a means to foment division. to foment a program of mass deportation. it was used to catapult a presidency along that philosophy of hate of others. and i believe today is a vindication for the rights of immigrants. immigrants to the united states and that's the bonus angle. up next, my close call with a prominent member of the media. >> laura: finally tonight, let's face it. we've all been there, a long bus ride or flight when everyone around you starts getting a little too comfy. loosening their belts, talking loudly on the phone like it's not amplified, brushing their

stunning verdict, the department of justice just filing an arrest warrant moments ago against jose inez garciallegal immigrant acquitted in the kate steinle already trial. here now is ken paxton, the texas attorney general. sir, what do you think about this? more successful at the d.o.j.? >> first of all, very sad day for the family. they watched their daughter killed, and then watched somebody who had been deported five times who should have been deported again, who somehow gets out of jail as a convicted felon and finding a gun that wasn't his and killed his daughter and the ending justice is a few years of prison time, which he's probably already served. a sad day for the family. i don't know what the city of san francisco tells this family. it is definitely a sad day for them. melissa: yeah, i mean now they're filing another arrest warrant, the department of justice immediately. do you think they'll be more successful given that, you know, some of the faults in the original case, they talk about overcharging him, that it would have been easier and more straightforward to convince the jury

and the fact that undocumented immigrant jose inez garcia zarate had been deported five times. >> the lack of accountability and change is what i find is the most disheartening and outrageous part of this entire thing. >> i think he did shoot toward them, which was very upsetting to me. but, you know, i was hoping it was just a ricochet. >> reporter: the defense team claimed the incident was a tragic accident. the steinles also take issue with politics surrounding the case, including the debate over sanctuary cities. >> we somehow or another amazingly got caught up in immigration and trump. and we have our views on immigration, we have our views on trump. but this is the death of my daughter. >> reporter: the steinles were not in court when the not guilty verdict was read. they later told diaz they were shocked and saddened. elissa harrington, abc 7 news. >>> the jury in the steinle case asked to pull the trigger on the gun used in her murder while it was unloaded. some experts are wondering why the judge refused their request. >> in my opinion, this was something that was perfectly p

jose inez garcia zarrate who was an illegal immigrant, caused a gun to be fired and the bullet killedeinle. yet last week the jury exonerated the defendant of murder charges, leading to an outcry from the president and many on the right but what's the view from the jury box? my next guest was an alternate juror on the case. he says the jury made the right call given the case the way it was presented. joining me is phil van stockham, who had is a mechanical engineer. i saw the case up close, the jury didn't botch it phil, you didn't get to vote but you saw all the evidence, you heard the jury instructions and you chatted with your colleagues when it was all over. true? >> true. >> let me tick through some of the aspects of this case. first of all we often hear that this guy was deported five times. but that's not what this was about. that wasn't even in the purview of the jury, correct? >> that's correct. we were told at the beginning of the trial by the judge that immigration was not an issue in this trial and did not come up as part of the evidence during the five weeks that we were

and the fact that undocumented immigrant jose inez garcia zarate had been deported five times. >> the lack of accountability and change is what i find is the most disheartening and outrageous part of this entire thing. >> i think he did shoot toward them, which was very upsetting to me. but, you know, i was hoping it was just a ricochet. >> reporter: the defense team claimed the incident was a tragic accident. the steinles also take issue with politics surrounding the case, including the debate over sanctuary cities. >> we somehow or another amazingly got caught up in immigration and trump. and we have our views on immigration, we have our views on trump. but this is the death of my daughter. >> reporter: the steinles were not in court when the not guilty verdict was read. they later told diaz they were shocked and saddened. elissa harrington, abc 7 news. >>> the jury in the steinle case asked to pull the trigger on the gun used in her murder while it was unloaded. some experts are wondering why the judge refused their request. >> in my opinion, this was something that was perfectly p

. >> reporter: last week, a san francisco jury found jose inez garcia zarata not guilty of murder, second-degreeder or manslaughter. he was found guilty of a single charge, possession of a firearm. steinle's family has implored people not to politicize her death, but it's become a regular subject at president donald trump's rallies. he brought up the jury's verdict on garcia during his event in florida. >> he didn't know it was a gun. that's his new line. you notice the federal government came in and brought another suit against him, right? >> reporter: this week, a federal grand jury issued two criminal indictments against him. both were for possession of a gun and ammunition. sergio quintana, nbc bay area news. >>> well, we have much more ahead on "today in the bay." coming up, the special guest silicon valley companies are reportedly ordering up for their holiday parties. does it send the wrong message? >>> and it's cold now, but eventually we will start climbing into the 50s and some upper 60s in the forecast. you can see by 12:00, 64 degrees, but we are dealing with that spare the air alert

the jury did convict jose inez garcia zarate of being a felon in possession of a firearm.ut he was not guilty of all the other charges. ktvu's tara moriarty was insico outside thhall of justice. now, tara, what was it like inside the courtroom as this verdict was read? >> reporter: absolutely quiet. there was not a whisper or anybody moving in that courtroom when this verdict was read. i think that collectively, most of the people who have been paying attention to the trial and sitting in there day after day were really shocke

and the fact that undocumented immigrant jose inez garcia zarate had been deported five times. >> the lack of accountability and change is what i find is the most disheartening and outrageous part of this entire thing. >> i think he did shoot toward them, which was very upsetting to me. but, you know, i was hoping it was just a ricochet. >> reporter: the defense team claimed the incident was a tragic accident. the steinles also take issue with politics surrounding the case, including the debate over sanctuary cities. >> we somehow or another amazingly got caught up in immigration and trump. and we have our views on immigration, we have our views on trump. but this is the death of my daughter. >> reporter: the steinles were not in court when the not guilty verdict was read. they later told diaz they were shocked and saddened. elissa harrington, abc 7 news. >>> the jury in the steinle case asked to pull the trigger on the gun used in her murder while it was unloaded. some experts are wondering why the judge refused their request. >> in my opinion, this was something that was perfectly p

jose inez garcia. this was an intentional shooting.om the start that this was an accident. the shot was a ricochet shot. it travelled 12 feet, and travel ed another 78 feet before hitting kate steinle. they made the argument, if you hadn't had this ricochet, kate would still be alive. he did not know kate steinle, there was no history of violence with the suspectp despite the fact that he had been deported five times. no history of violence. and the defense also tried to show that this gun. this 40 caliber pistol was prone to accidental discharges. the very last thing that this jury did today, they deliberated for approximately 30 hours over 6 days. the last thing they did is they all tested the weapon, they all pulled the trigger to see how easily it might fire, and perhaps that influenced their decision. this was basically a full acquittal. >> i know prosecutors were trying to say this weapon required a certain amount of power or force in order to actually pull the trigger. what happens to the defendant now, does he remain in the uni

kate steinle and jose inez garcia zarate. jury found him not guilty and could have repercussions.you learned?