The loss of any innocent life is tragic and the loss of Kate Steinle's life on July 1, 2015, is as tragic as any other senseless life cut short. Sadly, her death has become the focal point of the political landscape highlighting the need for building a wall between the US and Mexico. Steinle's death was caused by Garcia Zarate who claimed he had an accidental discharge that ricocheted off the concrete striking Steinle in the back who died two hours later at the hospital. Garcia Zarate said he had been on sleeping pills he had found in a dumpster and that he found the gun wrapped in a t-shirt. The gun had been stolen from a Bureau of Land Management ranger's personal vehicle. Gun laws did not stop this.
Why is this national news? Because Garcia Zarate is an illegal immigrant, a seven-time felon, who has crossed over the US Mexico border multiple times. With the GOP and Trump hell-bent on building a wall, this has captured headlines and mainstream media's focus. Ever get the feeling this is only a shiny "hot topic" issue used to distract the masses? What else could be going on...
This issue is an emotionally charged one that politicians love to use. Why are so many jumping to the politicians' conclusions without doing a little researching and objectively thinking about the issue?
What we know:
- Zarate said he was screwing around with a gun that he found, while high, and accidentally caused the death of Steinle
- Zarate was here illegally based on US law
- Zarate was a seven-time felon with a gun that he found wrapped in a t-shirt
- The gun was stolen on June 27, 2015
- Zarate felony arrest record is for drug use and entering the US illegally
- Zarate spent years in jail for drug use and traveling to a different area
- Zarate has no record of being a violent person
- Zarate was released by a "Sanctuary City," ignoring a request from ICE to detain him for deportation two and a half months before the death of Steinle.
Zarate was charged with first-degree murder and possession of narcotics but was later tried for second-degree murder with the option for the jury to select involuntary manslaughter and felony possession of a firearm. Zarate pleaded not guilty and was acquitted of all charges except felony possession of a firearm.
Was justice served? Is this issue worth building a wall for? How are you defining justice?
justice (n.) from Latin iustitia "righteousness, equity," from iustus "upright, just" (see just (adj.)).
just (adj.) from Latin iustus "upright, righteous, equitable; in accordance with law, lawful; true, proper; perfect, complete," from ius "a right," especially "legal right, law" (see jurist).
law (n.) Latin lex "a law," ius "a right," especially "legal right, law."
The law allowed slavery, it is a poor litmus test. Natural Rights matter, not what someone writes down on a piece of paper. Everyone is born with the same Natural Rights but most feel they have the moral authority to control and dictate others' lives. Are you one of these people? Do you enjoy when other people dictate your life?
Should Zarate have been charged, and if so, with what?
First-degree murder requires "willful and premeditated" action which wasn't involved in this case
Second-degree murder requires "intentional killing" or "killing caused by dangerous conduct and the offender's obvious lack of concern for human life." One could try and argue for this using "obvious lack of concern" but an accidental discharge is not obvious lack of concern.
Involuntary manslaughter is the "unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as a DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended." The issue with this is that it requires a crime to have been committed, or the intent of a crime, in the process of the death. There was no other crime at the time of the death. Some will say that Zarate shouldn't have had a gun because laws said so, but Shall Not Be Infringed.... Natural Rights apply to all regardless where they are from.
Wrongful death is "when a person dies or is killed due to the negligence or misconduct of another." This fits with what has happened based on the evidence. This is a civil matter though and Zarate would not be able to pay restitution to the family for this tragic accident.
A personal mantra that I repeat often is "No victim, no crime." Clearly, Steinle is a victim and Zarate is the criminal but it was a wrongful death, accidental, due to negligence. Zarate owes the family restitution and should be an indentured servant working towards paying off the restitution. Having him sit in prison on taxpayer money or deporting him is a waste of time and money. In this situation, no one is winning.
This is not the case and Zarate was acquitted for the death. The Federal Government will probably try and set an example and push for the maximum penalty, 10 to 13 years I think, on the firearm possession. He would have gotten that regardless of the death that occurred. He will spend time in jail for the possession of the firearm and then be deported again. In a decade or less, he will be back in the US.
Zarate has had his rights violated constantly throughout his life by the US Government. He was kidnapped for victimless crimes, drug use, and then removed from his home being sent to a different country because others deemed him to be "illegal" violating property rights and his freedom of movement. This happened several times and he spent years as a kidnapped victim. It is understandable why he continued to use drugs after he got out.
Freedom (n.) – Old English freodom "power of self-determination, state of free will; emancipation from slavery, deliverance;" see free (adj.) + -dom. Meaning "exemption from arbitrary or despotic control, civil liberty" is from late 14c.
Free (adj.) – Old English freo "free, exempt from, not in bondage, acting of one's own will," also "noble; joyful." Meaning "clear of obstruction" is from mid-13c.; sense of "unrestrained in movement" is from c. 1300.
Government (n.) – from Old French governement "control, direction, administration."
You are not free if under someone's control. You are not free if you are under government rule.
This doesn't excuse his negligence but there is a difference in what he was being charged with and the reality of the situation. This doesn't excuse President Trump pushing for the Wall to be built using the death of Steinle as a political tool. How many times has the Right called out the Left for using tragic incidents as a tool to push for rights to be violated? Now the Right is pushing to eliminate even more rights based on a knee-jerk reaction and their subjective opinions.
The Wall is a National Socialist idea. It violates private property rights, using stolen funds (Why taxation is theft & Taxation is theft, by definition), and violates the freedom of movement from all of the innocent people who are not violent and have never created a victim. You can't claim to be pro-freedom and pro-rights while violating them. You do not protect rights by violating rights, it is a zero-sum game.
Build a wall or not a socialist... pick one.
In the end, Steinle is a victim who will not get the justice she and her family deserves. The Government will continue to violate innocent peoples' rights in her name and this will be forgotten until it can be used as a distraction again.
My name is Jeffrey Hann, @jeffreyahann, and I'm an anarchist/voluntarist, Army veteran, business analyst, graphics and website designer, and content creator. I have a passion for truth and being logical, which eventually lead me to anarchism. I strive to live my life through voluntary actions and valuing rights. I co-own Journalistic Revolution (Facebook and YouTube) and JRev Radio (Facebook). We strive to be a factual and honest open sourced news organization. Also I co-own Jrev Media, a brand communication company that works within the cannabis industry with the goal on normalizing cannabis. I can be found on Facebook|Twitter|Instagram