first published in 48 hills, July 18, 2017
Jose Ines Garcia Zarate (also known as Juan Francisco Lopez Sanchez).
A ‘dangerous felon’ who was never convicted of a violent crime
The ‘seven felony convictions’ of Jose Ines Garcia Zarate are all minor — but that’s not what you read in the news media
by Matt Gonzalez
Two years ago Jose Ines Garcia Zarate was arrested for the death of Kate Steinle on San Francisco’s popular waterfront. The case gained national attention as then-candidate Donald Trump exploited Garcia Zarate’s immigration status to propose sweeping immigration reforms. Although the shooting appeared to be an accident — the fatal bullet ricocheted off the ground — conservative commentators repeatedly used Garcia Zarate’s seven prior felony convictions to argue he was a serious criminal.
But a review of Garcia Zarate’s criminal record shows his convictions are for relatively minor offenses, none of which involve a crime of violence, weapons offense, or even theft charge.
First, all of Garcia Zarate’s narcotics convictions are over 20 years old. They occurred in Washington State: three “possession” and one “possession with the intent to sell” offense.
The most serious of these, the 1993 possession for sale offense, was a weak case. Police allegedly observed Garcia Zarate in a transaction, but when arrested, he had no money in his possession. Police discovered a piece of plastic in his jacket containing material that later field-tested positive for cocaine. Garcia Zarate pled guilty to a probationary sentence not knowing the conviction would ultimately cause him to spend 18 years in federal prison.
The conviction had magnified consequences since federal immigration laws categorize any drug sale (or possession for sale) as an aggravated felony making any illegal reentry to the U.S., much more serious. He was now labelled a “drug trafficker” under the law, even though the case was minor, thus equating him with those who’ve been deported after serving sentences for murder, rape, and kidnapping. (8 U.S. Code §1326).
As a result, whenever he entered the U.S. — Garcia Zarate faced 20 years in prison just for crossing the border. Not surprisingly, each time he appeared in court, he plea-bargained his cases, for 5, 6, then 7 years when given the chance. Yet, none of these illegal reentry sentences would have been impossed if he didn’t have the “drug trafficking” conviction twenty-five years ago; otherwise he would have been facing one or two years in jail each time he entered the country.
Similarly, whatever you may think of drug offenses, Garcia Zarate’s aren’t serious. States like California and Oregon are decriminalizing drug possession, making them misdemeanors. Minor sales cases don’t disqualify you for drug treatment either. But in the early 90s, the drug war was in full swing. Garcia Zarate is one of its casualties.
A research team at Syracuse University found that immigration prosecutions like Garcia Zarate’s make up more than half of all criminal cases brought by the federal government. The cases are the “low-hanging fruit” of the federal judicial system since the accused rarely contest them – they usually take two court appearances to resolve. By comparison, prosecutors refuse to prosecute nearly half of the white-collar cases referred to them, while they charge 97% of the immigration cases.
As it stands, immigrants comprise the largest growing percentage of inmates in our federal prisons. A recent U.S. Government Accountability Office report found that “almost seven in every 10 foreign prisoners in U.S. jails are Mexicans” and that “[m]ost of the prisoners were convicted for immigration offenses (65%).” Federal Bureau of Prisons statistics (Aug 2015) show that nearly 16% of all federal prisoners are Mexican nationals with the number rising to over 20% when Central and South Americans are included. In total, foreigners make up more than 25% of the U.S. prison population.
Taken together, Garcia Zarate has spent 18 years in federal prison, plus a year in jail for the convictions from the early 90s. This exceeds the time he ever lived in Mexico as an adult. That’s two decades of imprisonment for non-violent offenses.
Jose Ines Garcia Zarate is being portrayed on the national stage as a dangerous felon without ever having been convicted of violence.
On May 23, 2015, photographer Jay Martin took these striking images of Jose Ines Garcia Zarate (also known as Juan Francisco Lopez Sanchez) on San Francisco’s Pier 14. You can read about Mr. Martin’s photographs in a San Francisco Chronicle article by Kevin Fagan here.