The Latest: Defence relieved by pier-killing reversal

SAN FRANCISCO – The Latest on a court overturning the sole conviction against an immigrant who fatally shot a woman on a San Francisco pier in 2015. (all times local):

5:45 p.m.

The public defender who represented an immigrant who fatally shot a woman on the San Francisco waterfront in 2015 says he is gratified an appeals court reversed his conviction on a single gun charge.

The 1st District Court of Appeal on Friday overturned a gun conviction against Jose Inez Garcia-Zarate because the judge failed to instruct the jury on his defence that he only momentarily possessed the gun.

Garcia-Zarate was acquitted of murder in the killing of Kate Steinle, who was on a pier with her father when she was shot in the back in July 2015.

Public defender Matt Gonzalez says he believes the jury would have acquitted Garcia-Zarate if it had been properly instructed.

Garcia-Zarate is being held in federal custody as he awaits a January trial on gun possession charges in the same case.

___

4:35 p.m.

A California state appeals court has thrown out the sole conviction against an immigrant who fatally shot a woman on the San Francisco waterfront in 2015.

The 1st District Court of Appeal on Friday overturned a gun conviction against Jose Inez Garcia-Zarate because the judge failed to instruct the jury on one of his defences.

Garcia-Zarate was acquitted of murder in the killing of Kate Steinle, who was on a pier with her father when she was shot in the back in July 2015.

The case of Garcia-Zarate, who was in the country illegally and had been deported five times, touched off a fierce immigration debate.

He said he unwittingly picked up the gun wrapped in a T-shirt and it fired accidentally.

Garcia-Zarate is in custody and facing federal gun charges.