appeals court overturned the one conviction against the undocumented immigrant who shot and killed kate steinle. saying the trial judge failed to give jurors complete instructions. nbc bay area is live in san francisco. this is a tough reversal for supporters of the steinle family. >> reporter: it is, jessica. this is the pier where kate steinle was shot and killed. tonight the man accused of her murder wins in a victory in court because the judge didn't give the jury all of the facts. kate steinle was shot and killed during a walk with her father four years ago. the disicharged inez garcia-zarate with her murder. the defense says he pd on piern it, and the gun went off accidentally, shooting steinle. a jury acquitted garcia-zarate after first and second-degree murder, but found him guilty on a charge of a felon in possession of a gun. his attorney appealed. to be the the first district court of appeals overturned that conviction, saying the judge failed to instruct the jury to consider garcia-zarate only momentarily possessed that gun. >> they decided that the judge in the state court prosecut

she not guilty and killing kate steinle.ncisco that we covered extensively. a california state appeals court has now thrown out the only remaining conviction against zarate, which is the gun that he had was not valid because a judge failed to instruct the jury about his defense. so it's a technicality. not only is he found not guilty of the death of kate steinle, he has now been found not guilty of the gun charge that led to the death of kate steinle. she was walking with her dad, she was shot and killed, the man on your right found a gun, he said, the defense said he stole it for the gun he said accidentally went off. the defense said he was handling it and it went off. here's the bottom line. he had been deported five different times and the fifth time they were about to deport him again but the san francisco local authorities would not turn him over to immigration and customs enforcement because of sanctuary city laws and kate steinle ended up losing her life. now his gun charge had been thrown out. meantime colts quarter

kate steinle was walking on ap are in july 2015 when she was hit by a bullet.authorities accused him of murder. 's defense claimed he picked up again that happens to be wrapped in a t-shirt and fired it accidentally. he was in the us illegally at the time of the shooting and reportedly deported back to mexico numerous times in the past. a state appeals court overturn his conviction on the gun charge because of instructions that were or were not given to the jury. let's talk to kevin wiley and executive director of turning point usa. i want to read the reporting from cbs san francisco talking about the court decision saying the first district court of appeal overturned the gun conviction because the judge failed to give the jury the option of acquitting garcia on the theory he only poses the weapon for a moment. he said he unwittingly picked up the gun wrapped in a t-shirt and it fired accidentally. >> if you read the defense i find it hard to believe he happened to find this a gun. we have to look at one of the big points is this individual was deported five ti

. >>> a new development coming up in the kate steinle case. >>> in san jose, a major >> there is a danger to your life if you remain in these evacuation zones. >> officials in florida giving a stark warning to the 17 million residents who may be in the path of hurricane dorian. good evening. i'm dan ashley. >> and i'm ama dates. >> abc 7 reporter megan t tevrizian. >> the entire state now under a state of emergency ahead of dorian's arrival. >> could be the most significant storm we've had in a couple of decades here in orlando. >> reporter: the biggest threat could be flooding. florida's 17 million residents awaiting possible evacuation orders. >> and they live in a zone so that if we do issue that order you can move immediately. >> reporter: already telling people living on the barrier island and low lying properties they will have to leave starting 8:00 a.m. sunday. but even areas further inland could see flooding. many cities handing out free sandbags. the search for fuel has led to long lines. >> just a little bit more patience. >> reporter: by maid day friday more than half of the g

you know i need someone >>> now at 11:00, a stunning reversal in the kate steinle case. overturned an undocumented immigrant's gun conviction. >> we will tell you about the politicians and celebrities fights to keep a young woman in the united states. >>> waiting for dorian. how one beach community here in florida is bracing for what could be one of the worst hurricanes in decades. >>> good evening, i'm ken bastida. >> i'm elizabeth cook. tonight, a new twist in the case that put san francisco in debate fire storm. the killing of kate steinle in 2015. >> that is where andrea nakano joins us with why a state court threw out that conviction. >> yeah, it was a california appeals court that threw out the sole conviction against jose inez garcia and attorneys are celebrating cautiously waiting to see what will happen next. >> terrible thing to happen. >> reporter: on july 1 in 2015, kate steinle died while taking a walk with her father. the jury only found him guilty on one charge. an exfelon in possession of a firearm. the defense claimed he didn't know he was picking up a g

breaking news in the kate steinle case.ing turn of events against an illegal immigrant who admits he shot the gun that killed her. he was convicted of a gun charge which has just been tossed out. that's coming up in a moment but first, a fifth illegal immigrants in one county in maryland has been charged with sexual abuse, all these cases coming in the last month. here's the story. >> montgomery county, maryland, is a liberal stronghold of over a million people. the council and executive are all democrats who shun the labor of being a sanctuary jurisdiction but who pride themselves on welcoming immigrants regardless of their legal status. that sensibility is being challenged by disgruntledle citizens after the arrest of 21-year-old guzman who is accused of sexually abusing a 12 year old girl and her brother. he's the latest of six illegal immigrants to be arrested in maryland accused of sexual abuse or rape in the last several weeks. >> we don't interact with ice. contact them, nor do we ask any of our residents in montgome

citizenship writes kate steinle was killed because san francisco proudly proclaims itself as a sanctuary city. >>> twitter says it has learned how jack dorsey's account was acted. a number of offensive tweets were sent out. dorsey's phone number was compromised. this is not the first time his twitter account has been hacked. >>> google researchers have uncovered one of the worst iphone hacks. hackers infected phones with malware, it has the hallmarks of an attack of a hostile nation. >>> police on the peninsula are investigating the latest apple store burglary, this one right here. henry lee says there were seven thieves and two getaway drivers with a kerosene on cam -- car seen on camera. >> the young men took everything they could. it happened thursday night less than an hour before the store closed. >> i heard the commotion. >> i spoke to the woman who took this viral video of the incident. >> pulling the phones and ipads off the strings they are on, pulling them off, putting everything in their pocket. >> one by one the thieves ran out of the store. many inside the store ran for cove

undocumented immigrant who had been deported five times when the gun he fired shot and killed kate steinle in 2015. we called the family but they did not want to comment on the ruling. in 2018 president trump took issue with the policy that kept law enforcement from telling i.c.e. that he'd been released from their custody a few weeks before the killing. in a tweet the head of citizenship and service said how many more innocents will die before sanctuary cities stop harboring criminals? >> nevertheless i'm sure the steinles are finding this to be yet another difficult day. >> he's in custody awaiting trial on federal gun charges in february. meaning he wouldn't have not conviction overturned.un and even if he's not convicted on the charges he's currently facing he will be deported. >>> new at 11:00, a deadly accident tonight sent a car through a cinder block wall and into a house. chp says the car drove through a wall, struck a tree and then landed in a hot tub in the backyard. debris went flying everywhere and the driver of that suv died at the scene. one residentwise home but on the othe

>> but where was the sanctuary for kate steinle? remains in custody and faces federal gun and immigration charges. his attorney said he has a trial on january 13th. he says today's decision means san francisco prosecutors have the option of trying garcia gara again. >>> turning to the north bay, among firestorm survivors, a clock is ticking as abc 7 wayne freedman reported earlier this summer, there are additional living expenses from insurance

. >>> now to the kate steinle case. the gun conviction for the person who shot and killed her has been overturned. chris reyes has the details. >> reporter: the mistake was failing to instruct the jury on a specific defense theory which is that he was only in possession of the weapon for a moment. in a statement public defender matt gonzalez said it wasn't a close call. we were entitled to the instruction and we should have had it. we thought that mr. garcia zarte would have been acquitted had the jury been instructed this way so it is gratifying for us. he was a repeat offender and undocumented immigrant who had been deported five times when the gun he fired shot and killed kate steinle in 2015. we called the steinle family but they did not want to comment on the court ruling. >> where was the sanctuary for kate steinle? >> reporter: in 2016 president trump took issue with san francisco's sanctuary city policy that kept local law enforcement from telling i.c.e. he had been released from their custody a few weeks before

. >>> now to the kate steinle case. the gun conviction against the undocumented immigrant who shot and killed her has been overturned. "abc 7 news" reporter kris reyes has the details. >> the mistake was failing to instruct the jury on a specific defense theory which was that mr. zarate only was in possession of the weapon for a moment. >> reporter: in a statement public defender matt gonzalez said this really wasn't a close call. we were entitled to the instruction and we should have had it. we thought that mr. garcia-zarate would have been acquitted had the jury been instructed this way, so this is very gratifying for us. jose garcia-zarate was a repeat offender and undocumented immigrant who had been deported five times when the gun he fired shot and killed kate steinle in 2015. we called the steinle family but they did not want to comment on the court ruling. >> where was the sanctuary for kate steinle? >> reporter: in 2016 president trump took issue with san francisco's sanctuary city policy that kept local law enf

an dordiv times whenhe gun he fired shot and killed kate steinle in 2015. we called the steinle family but they did not want to comment on the court ruling. >> where was the sanctuary for kate steinle? >> reporter: in 2016 president trump took issue with san francisco's sanctuary city policy that kept local law enforcement from telling i.c.e. that zarate had been released from their custody a few weeks before the killing. he was acquitted of steinle's murder in 2017. in a tweet, the head of citizenship and immigration services said, how many more innocents will die before sanctuary cities stop harboring violent criminals. >> so it is not as if he is going to get off free and clear, that he will be walking the streets of san francisco again. that's just not going to happen, but, nevertheless, yeah, i'm sure theinlesre finding this to be yet another difficult day. >> reporter: zarate is currently in custody awaiting trial on federal gun charges. in the newsroom, kris reyes for "abc 7 news". >>> a deadly accident accident sebastopol sent a car through a wall in

kate steinle was shot and killed during a walk on pier 14 four years ago.is defense team says that he picked up with a rag inwith a g in it and it went off accidentally. last night the first district court of appeals overturned his conviction saying the judge failed to instruct the jury to consider that he only moment tearily possessed the gooun. > gun 37. >>> thieves took dogs from the san francisco animal shelter and two have been recovered, but you one still miss ppg unding. undercover officers found the two huskies thursday night after dog lovers spotted them for sale, set up a buy and looped in police. and the 8-year-old pitbull puppy still missing. if you have any information, please call sfpdp. >>> coming up this morning, a true rags to riches tale. going from homeless to super bowl champion. it's time for the biggest sale of the year on a sleep number 360 smart bed. can it help keep us asleep? yes, it senses your movements and automatically adjusts to keep you both comfortable. it's the last chance to save 50% on the sleep number 360 limited edition

california has thrown out the sole gun conviction against an illegal immigrant who fatally shot kate steinlesco pier back in 2015. garcia zarate has been deported five times and, of course, killed kate stein thely. -- steinle. we're going to be joined in just a minute -- we have the president of the national border patrol council, brandon judd. we just lost for a moment there our satellite connection. also in other news, the trump administration is reportedly preparing to begin dna testing of hundreds of thousands of illegal aliens on the southern border. this, of course, is an attempt to clamp down on rampant immigration fraud and prevent criminals from entering the country under president obama. the law went unenforced for nearly a decade. brandon judd now joins us. all right. we just lost it again. welcome to live television. we apologize for the interruption. one of the things that joe biden said is that daca illegals are more american than americans. does that sound like a winning campaign strategy? well, we'll be talking about it with brandon as soon as we reconnect the satellite. last

in el paso. so that's number one. number two, his response was so lukewarm and i remember when kate steinle one american citizen was murdered in 2015, after that happened, the president elevated her case into a national issue and constantly brought it up on the trail demanding justice for her killer acquitted of murder and when we saw the shooter in san kate steinle one american citizen was murdered in 2015, after that happened, the president elevated her case into a national issue and constantly brought it up on the trail demanding justice for her killer acquitted of murder and when we saw the shooter in san bernardino, who happened to be a pakistan descent. the president called for a total ban on muslims to the united states and now when we have what is obviously a hate crime that targets latinos in a city 8 0% hispanic, the president offers up lukewarm words in a passive voice. that's totally unacceptable coming from our president. >> robert costa, we heard people a lot of them democrats over the weekend call for the senate to be brought back from the summer recess, gavelled into order a

. >>> you may remember the undocumented immigrant acquitted of the murder of kate steinle. steinle was shot and killed while walking with her father in 2017. garcia is still? custody. >>> police are investigating a burglary at the apple store in downtown burling game. seven men entered the store making off with smart phones, tablets and lap tops. police are looking for to get away drivers, last week others brock into another store. >>> 10 people were arrested in san jose. they believe the suspects are o commercial burglaries, police seized scores of stolen driver's licenses and credit cards, three weapons were recovered. >> i've said 100 different burglaries are not committed by 100 different people. taking down a crew like this will solve burglaries and prevent others. they face felony charges. >>> a landmark labor bill that would redefine gig economy workers, ab 5, a bill that would require companies to classify workers as employees and not independent contractors. the bill goes before the full state senate. >> if passed and signed by the governor, the bill would rewrite

we will explain how to get around closures >> and why the illegal immigrant tried for killing kate steinle has at his sole conviction tossed >>> hurricane dorian is a category four storm turning towards florida's coast, more on what millions are doing to prepare.>> let's get started this morning with a look at the forecast.>> i will start us off with how nice things are for us here at home and that i want to show you what dorian looks like. the latest satellite images this morning shows it looks impressive, more on that coming up but this is the live look from our camera on top of the salesforce tower to the east and there is the bay bridge and it is clear. this will be a warm and sunny day. locations than yesterday meaning at this point it is 61 at oakland and san francisco, 73 is this official warm-up for san francisco so noticeably warmer in the city and as we look across the rest of the bay area it will be mid-90s inland and that is anywhere from 5 to 70 warmer and in fact that is the top line of my headlines, most spots bay area wide will be five most spots bay area wide will be 5 to

we have big breaking news tonight in the kate steinle case.n washington with all of the details. david? >> this was the only state conviction remaining against jose inez garcia zarate. today the first district court of appeal in california throughout that conviction be ao 32-year-old kate steinle was walking on a san francisco piern with her dad and in a family friend in july 2015. it people say that's when he shot and killed her.nd in his defense, he picked up a gun wrapped in a t-shirt and then fired. the gun belong to the bureau of land management in california and was stolen several days before garcia's death. he was acquitted of the 32 builds marta back in 2017. he was convicted of one count of being a felon in possession of a firearm and jason that is what was thrown out jake pugh now he is in the u.s. illegally at the time of the shooting. he was from mexico and was deported there several times in the past. we are learning that a judge failed to instruct jury on one of his defensive and this doesn't mean that he's walking the streets. h

kate steinle was killed on july 1st of 2015. claims the gun went off accidentally and he found it on the pier. here's a flashback of jim steinle talked about kate's killer in 2015. take a listen. >> her faith was strong. there is no room in our hearts for a thought of that person. the press would come and they arrested the guy. they found the gun. good. we will let justice take its course. hopefully a good course and we moved on past that and now it's all about kate and maybe saving other lives. jedediah: let's just remind everyone of the original charges against garcia zarate, involuntary manslaughter acquitted. assault with a weapon acquitted. and now possession of a firearm at the time convicted now of course they are saying they cannot charge him with illegal gun possession because they are using the clause momentary possession. which means that he picked -- according to his story he picked that gun up off the ground, fired it accidentally, so they can't charge him with gun possession. as you said before, pete, really import

new details on why a state appeals court just threw out the conviction against a man who killed kate steinle. she is the woman who was shot in the back one asap cisco peer. pier 14 in july 2015. josi garcia acquitted of murder and manslaughter in the case. he was found guilty of possessing a firearm as a felon. now that conviction has been thrown out as well. because the judge failed to properly instruct the jury on the nature of these charges. >>> garcia was in the country illegally. and was deported five times. he said he accidentally picked up the gun which was wrapped in a t-shirt. and it went off. the case ignited a nationwide controversy over san francisco sanctuary laws. he still is facing the federal gun charges. >>> garcia is still in federal custody. however the case turns out he is likely to be deported. >> a pretty wild scene san francisco union square just before 5 pm. a fight broke out between two men. both men took out knives and started stabbing each other. authorities arrived on the scene. they took them away to a hospital. no word on their conditions. >>> a shopping and din

. >> reporter: on july 1 in 2015, kate steinle died while taking a walk with her father. the jury only found him guilty on one charge. an exfelon in possession of a firearm. the defense claimed he didn't know he was picking up a gun covered with a cloth on the ground and it accidentally fired killing steinle. the courtover appeal overturned the gun conviction because the judge failed to give the jury the option of acquitting him on the theory he only possessed the weapon for a moment. the reaction was swift. the san francisco police officers association released this statement saying this is another disgusting injustice crime than by a broken justice holding violent offenders accountable. garcia's attorneys see this as a victory. >> we will be given the right law in this case. i can say. >> reporter: the state reverse of the weapons charge opens the door for the san francisco district attorney's office or the california attorney general's office to try garcia zarate on the same charge. while the da's office says it is weighing all its options, sarah hopes the federal cour

. >>> new information in the case against the undocumented immigrant acquitted in the death of kate steinle. steinle was shot and killed when walking with her father in 2015. >>> turning now to the other big story in florida where dorian just strengthened to a catagory four hurricane. people are boarding up windows and filling sand bags, there's uncertainty about where the storm could make landfall. now the storm has been upgraded. >> the models in the short term show that steady push toward the north western bahamas and the u.s. the starring winds will weaken and that's tough to forecast the movement of the storm, the storm in the past half hour a catagory four, impacts the bahamas this weekend. the well- defined one source that happens the strengthening of the system is the water temperature. the estimates, 84 to 86 degrees, we're talking about a catagory four hurricane, moving west, northwest at 10 miles an hour. the redline has been shifting around, you can see that bend, this will be the key factor next week, monday and tuesday, there's a possibility this could go left or right. that's

appeals court has overturned the one conviction begins the undocumented imgrant who shot and killed kate steinle saying the trial judge filed for give jurors complete je jean ellie has the story. >> reporter: garcia zarate was charged with her murder but his defense team says that he picked up a rag that had a gun in it and the gun went off accidently shooting steinle. a jury acquitted garcia zarate of first and second-degree murder but found him guilty of a felon in possession of a gun. his attorney appealed. the first district court of appeals overturned that conviction saying that the judge failed to in-structure a jury to consider that he only momentarily possessed the gun. >> they decided that the judge in the state court prosecution should have given what is called the transitory possession instructions, and its is if you possess a gun for only a short period of time with the intention of no longer possessing it, then it is not illegal possession. >> reporter: the appeals court says a jury may have reached a different conclusion if they had had that instruction. >> the trial court had fail

court has thrown out the sole conviction against the undocumented immigrant who shot and killed kate steinlelatest from los angeles. >> hi, kristin. well, repeat offender jose garcia serratte was deported five times when he picked up a gun and killed a san francisco woman walking with her dad. he claimed it was an accident that he unwittingly picked up the gun wrapped in a t-shirt and it fired, ricochetting off the concrete hitting kate steinle in the back. he was acquitted of murder, but convicted on one charge of being a felon in possession of a firearm. california's district of appeal did not give the option of acquitting him on the theory he possessed the weapon for only a second. public defender says that this means he was given a fair trial. we were entitled to the instruction and we had it. we thought he would have been acquitted had the jury been skrukted this this way so this is great phiing for us. before the shooting, immigration customs and enforcement asked them to tell the release day so ice could pick him up. san francisco's sanctuary city policy barred them from acting. and k

huge breaking news from california on the kate steinle case, acquitted of charges after admitting he fired can kill her wrapped up another victory. and appeals court tsi

>> but where was the sanctuary for kate steinle? >> jose remains in custody and faces federal gun and immigration charges. his attorney said he has a trial on january 13th. he says today's decision means san francisco prosecutors have the option of trying garcia gara again. >>> turning to the north bay, among firestorm survivors, a clock is ticking as abc 7 wayne freedman reported earlier this summer, there are additional living expenses from insurance companies are about to expire and only a relative few have returned to their homes. >> wayne is live with an update to the story, wayne? >> good evening, dan. if you look around coffee park with the houses, they are in staggered state of recoveries. the owners had two years to rebuild, two years to received additional living expenses from insurance companies to pay for rent and furniture. tonight we learned in more than 2,000 cases, that money is about to run out. in sonoma county the rebuilding process is a race against time. houses go up, the clock winds down. >> it's real close. >>

the state appeals court overturn the gun conviction of a man acquitted in the shooting death of kate steinle it was shot and killed while walking with her father on the pier in san francisco back in 2015. jose inez garcia zarate was acquitted of murder in the shooting but convicted of being a felon in possession of a gun. yesterday the gun to to gun conviction thrown out because the judge failed to give instructions to the jury. >>> the protest and hong kong have escalated overnight with protesters setting fire to the barricade outside of the police headquarters. this follows the wave of arrest yesterday and police are using tear gas and water cannons to try to drive back the protesters. demonstrators pointing laser beams at the place and throwing large rocks over the barriers. the hong kong authorities continued to insist they will not meet the protesters demands and it's their duty to have what they call order and stability. >>> the walnut creek teenager was paralyzed during up wrestling match at the high sch his father shares the remarkable news about the teenager's recovery. we spoke wit

he's accused of defending the man who killed kate steinle the case drew national tension becoming a regulardent. and the candidate at the time, donald trump. making an appearance at the library of congress today. in the wake of recent health concerns. her job is what is keeping her going. >> i love my job. it's the best job i've ever had. and it has kept me going through four cancer bouts. >> rbg still going strong at 86. now back to the breaking news story and the coverage of hurricane dorian. the storm's defined eye wall. the stadium effect as it's called. right there in the center, visible from space sustained winds we're told. hundreds have been on guard and preparing for the storm today people in georgia and the carolinas are now on notice. he's been tracking the storm for days. >> we're so close to this being a huge deal. at the same time it wasn't that bad. a difference of 50 to 100 miles is going to be huge and enormous until the impacts go. we're having 50 to 100 mile an hour winds. we have a chance of getting up to a category 5 this evening. i want to show you this bright red band

many people in that county or in that city are happy with it being a ainsley: i remember when kate steinlebe politically correct. you're more at risk. congratulations. 8 minutes after the hour. hey, jillian. jillian: we're following a number of stories. search for a man accused of killing a minor league baseball player's wife and kid ends with the suspect running naked outside. matthew bernard with his hands around a man in virginia. he was charged with murder. he was accused of killing his sister and nephew. the va launching a investigation into the death of 10 veterans at a west virginia facility. the family of army veteran felix mcdermott claims he died after injected with insulin even though he was not diabetic. his death is being ruled as a homicide. the family's claims suggests that the other patients also died after being wrongfully injected with insulin at lewis johnson medical center in clarksburg. >>> overnight a battery operated skateboard bursts into flames inside after college dorm room. hundreds of students at the university of cincinnati were forced to evacuate the building

kate stienle on san francisco's pier 14. jose garcia-zarate was acquitted of murder in the 20-15 killing of steinle. he has been in custody facing gun charges-- but the court overturned a conviction today because the judge failed to instruct the jury on one of his defenses. garcia-zarate was in the country illegally-- and had been deported five times before killing steinle. he said he picked up the gun that was wrapped in a t- shirt-- and fired it accidentally. garcia- zarate is still in custody and still facing ááfederal gun charges. (vicki) developing news tonight... hurricane dorian continues to head towards florida gaining strength along the way. the storm -- now a category 3-- is expected to continue strengthening in the next few days. and as the rest of the country heads into a holiday weekend-- people in florida are scrambling to prepare. nadia romero is in west palm beach, florida with the latest. "looks pretty bad and it's unpredictable." (vicki) and chief meteorologist lawrence karnow is tracking the path of the hurricane... (justine) the getaway weekend is already underway, with people ta

kate stienle on san francisco's pier 14. jose garcia-zarate was acquitted of murder in the 20-15 killing of steinle. he has been in custody facing gun charges-- but the court overturned a conviction today because the judge failed to instruct the jury on one of his defenses. garcia-zarate was in the country illegally-- and had been deported five times before killing steinle. he said he picked up the gun that was ped in a t- shirt-- and fired it by accident. garcia-zarate is still in custody and still facing ááfederal gun charges. (vicki) sirhan sirhan, the man who assassinated senator robert f. kennedy, was stabbed in a california state prison today. the attack is so severe he has been removed from the prison for treatment. the attack reportedly happened in one of the prison correctional officers when responded, they found sirhan with stab wounds.he is currently hospitalized in stable condition. the suspect in the assault has been placed in isolation. (justine) now to breaking news we are following tonight -- police in mobile, alabama say at least 10 people have been shot at a high school football ga