Thursday, July 09, 2015

Ms. Stenie was buried today and understand what exactly happened in the release and arming of Sanchez is still unclear.

July 8, 2015
By Jaxon Van Derbeken 
 
Mirkarimi’s agency (click here) requested custody of Juan Francisco Lopez-Sanchez as he was completing a 46-month stint in federal prison in March in San Bernardino County, according to a Sheriff’s Department letter obtained by The Chronicle. Lopez-Sanchez had been deported five times to Mexico and had been imprisoned for illegally re-entering the U.S.

The federal Bureau of Prisons alerted the Sheriff’s Department in March that Lopez-Sanchez was going to be released. Mirkarimi’s agency, realizing that Lopez-Sanchez was wanted on a $5,000 bench warrant related to a 1995 marijuana possession-for-sale case, asked prison officials March 23 to hold him and to notify San Francisco authorities “when the subject is ready for our pick-up....
 
...In the end, the legal division told deputies they had no basis to hold Lopez-Sanchez, and he was released April 15. He was arrested last week in the July 1 shooting death of 32-year-old Kathryn Steinle on San Francisco’s waterfront, and has pleaded not guilty to murder charges....

So, the immigration agencies was disregarded and Sanchez was released. And somewhere between April 15 and July 1, Sanchez stole a gun from a federal agent from the BLM and shot a rather wonderful woman. 

To make things more strange, Sanchez has two other alias.

July 6, 2015
By Lee Romney, Cindy Chang and Joel Rubin

Federal authorities (click here) give his real name as Jose Inez Garcia-Zarate. But the Mexican national has also traced a path through the U.S. immigration system and criminal courts for nearly a quarter of a century as Juan Francisco Lopez-Sanchez and Juan Jose Dominguez de la Parra....

Sanchez's recent history reveals someone entrenched in the drug culture.

...Handed over to the San Francisco County Sheriff's Department in March on a bench warrant for a 20-year-old marijuana sales case, he was cut loose when prosecutors declined to charge him.

U.S. Immigration and Customs Enforcement had lodged an "immigration detainer" with the Sheriff's Department asking to be "notified prior to his release," but "the detainer was not honored," ICE spokeswoman Virginia Kice said in a statement....

...California's Trust Act, which went into effect in January 2014, bars local law enforcement from detaining defendants with most minor convictions past their release dates in order to hand them over to ICE, but it allows jurisdictions to turn over people such as Sanchez with past felony convictions....

Actually, at first glance, the law doesn't seem to be the issue. I think it can be modified to state a longer period of detention if ICE can't respond before the release date, but, the time would have to be as minimal as possible otherwise the judge from Clackamus County is correct. It would be unconstitutional to hold anyone beyond what a release date stated. - 4th Amendment

The fact the law wasn't honored by San Francisco's lawyers is the issue IF ICE provided a warrant or other legal requirement. The San Francisco County attorneys will have to answer questions on how they came to the conclusion it was correct to release Sanchez with such a long criminal record. 

The law states an illegal immigrant can be detained by a sanctuary city if, "unless there is a warrant or other legal requirement to do so,".

...The issue was complicated further when a federal court in Oregon ruled in April 2014 that Clackamas County had violated a plaintiff's 4th Amendment rights by holding her for immigration authorities beyond her release date. A slew of jurisdictions that had been complying with the detainer requests soon stopped doing so....

Sanchez's case is among more than 10,000 in California and 17,000 nationwide since January 2014 in which an ICE request that an immigrant in the country illegally be detained for pickup was declined or ignored, ICE officials said....

There needs to be a way to discern a difference in detention between an illegal immigrant without a record and one with a record, especially a record such as Sanchez. There was an observation made recently that Mexican illegal immigrants comprise 77 percent of the illegals in federal prison and 16 percent of all inmates, including Americans, in federal prisons.

It is obvious with Sanchez that Mexico is completely unsuccessful in handling a dangerous person. He returned five times to the USA. So, when illegals are dangerous they are in prison in the USA. 

The question with Sanchez is his status with ICE. Did they issue a proper document to detain Sanchez? And considering there seems to be a large number of illegal aliens with criminal records released from January 1, 2014 would Sanchez have been released anyway?

Those are the issues facing this case. Sanchez was known to have a significant criminal record. He was brought to San Francisco County because of a 20 year old warrant. And that was a 20 year old warrant. Sanchez has been between the USA and Mexico for over 20 years.

The charges were dismissed by the county attorneys and when asked if he should be detained for ICE, the response was no Sanchez was to be released. According to statements in the media about 2 days ago, ICE did not issue the proper documents to detain Sanchez. 

There should not be this much ambiguity over the law. This is what happens when a law is not adhered to; people die.

The other issue is the gun and how Sanchez got his hands on it. Regardless of what I am reading there is no clear understanding of how the gun was found and taken in order to kill a woman on Pier 14.

There are at least two issues that contributed to the death of a 30 year old woman.

The moment of the gun shot was facilitated by ambiguous handling of the detainment request and the negligence of a federal agent to secure his gun.   

July 9, 2015
By Chris Nguyen

The memorial service for San Francisco resident and Pleasanton native Kathryn "Kate" Steinle who was fatally shot on San Francisco's Pier 14 last week was held at a winery in Pleasanton Thursday afternoon....

My sincerest sympathies to the family and friends of Ms. Kathryn Steinle.