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SAN FRANCISCO (AP) — 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 defenses.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. 783

SAN DIEGO — A lawsuit was announced Monday over the death of Roxsana Hernandez, a transgender woman who died in Immigration and Customs Enforcement custody earlier this year as she sought asylum at the border.Hernandez arrived at the U.S.-Mexico border in San Ysidro in May from her native Honduras, but Transgender Law Center Director Lynly Egyes said Hernandez “came to the U.S. seeking protection and instead was met with torture.”"An independent autopsy report reveals that Roxsana was shackled for a long time and very tightly, enough to cause deep bruising on her wrists. She also had deep bruising Injuries consistent with physical abuse with a baton or asp while she was handcuffed, according to an examination of the tissue by an independent expert board-certified forensic pathologist," Egyes said.According to attorneys, Hernandez died from dehydration after being denied water and medical care.Hernandez, who was HIV positive, became very ill as she was transferred from California to Texas, back to California, and then to New Mexico, where she died.Hernandez’s family is hoping the wrongful death lawsuit will provide answers as to what happened. The suit was filed against the state of New Mexico.With many LGBTQ migrants arriving in Tijuana to seek asylum, many advocates hope the lawsuit announcement serves as a reminder that they will be watching as LGBTQ migrants present themselves at various ports of entry along the U.S.-Mexico border."Her death was entirely preventable," Egyes said. 1525

SAN DIEGO (KGTV)---America is better with "and." It's a saying at the heart of a new experiment called itsblackandwhite.us.Ryan Berman, along with Ahab Nimry and several other marketing and advertising agency representatives say they wanted to figure out how to start a constructive conversation about things like race, implicit bias and equity."For one, getting perspective and understanding a bias you might have because you can't do anything about it if you can't spot it," said Berman.So they came up with a 10 question, online survey that asks things like, "Do you believe hard work puts you on your path for a promotion?Do you have a close friend that is black?""We're not trying to nudge you one way or the other, we're just trying to say hey pick a side lets start talking and work this out," explained Nimry.At the end, you get to see how other people responded and access links to learn more, donate to civil rights organizations, even register to vote.The creators say the idea is to share what they learn and then take all that data and develop a sort of "seal of approval" for consumers to know how different companies stack up."Launching almost a diversity/inclusion certification for organizations," said Berman. "It's not about calling out companies. It's about let's put a solution in place that allows the next generation to do what they want to with their jobs."The survey is open to anyone and accessed here: http://www.itsblackandwhite.us 1467

San Diego, Calif. (KGTV) - Some military legal experts are raising concerns about President Donald Trump's involvement in the war crimes trial of Navy Seal Eddie Gallagher. This comes after the President ordered that medals and honors for prosecutors in the case be revoked."I think it's troubling," said University of San Diego Law Professor Robert Muth in an interview with 10News. "As the Commander in Chief, it would be his prerogative to weigh in if he felt there was something wrong. However, that would be done in a very different way. You would expect it to be done discreetly."Gallagher was accused of several war crimes during a tour of duty in Iraq. The central charge was that he murdered a prisoner of war, a wounded teenage ISIS fighter. Gallagher was acquitted of that charge. The case drew national attention, including from President Trump, who suggested that Gallagher was a hero who was being treated unfairly. Several people criticized how the JAG prosecutors handled the case."President Trump saw that they were abusing their power," said John Dadian, a San Diego political strategist who also served in the Marine Corps. "Not only manacling him during the trial, but confining him to quarters, he had a hard time taling to his lawyers. That's not fair." Dadian says many military veterans believe the President did the right thing by stepping in.Muth is worried about the President's actions setting a precedent. "The fact that the President went and used the bully pulpit, specifically his Twitter account, to essentially punch down at relatively junior folks who by law can't punch back, they just have to take it, is particularly problematic." Muth says the President's public criticism could have a chilling effect on JAG prosecutors who may feel pressured not to handle a case in the way they believe it should be handled because they feel they would be attacked by the President for political reasons. "These are folks who signed up to serve their country and are now being personally attacked by the President of the United States when they're trying to do their job. This isn't the way to do it. It's not how someone should lead. It's certainly not how the President should lead as Commander in Chief." 2240

San Diego (KGTV)- Family members of a man shot and killed by police in El Cerrito are demanding answers. Witnesses told police they saw the man swinging a shovel at officers before shots were fired. The family says the man had a mental illness. The aunt who called police Saturday night tells 10News she called 911 so officers could help get her nephew to a mental health facility. “We all call police for help,” says Grace Carolino. She says she’s still in disbelief that her cousin was shot and killed over the weekend. “It’s really bothering our family what happened because he’s not a threat.”Police said when they arrived at the home on Adelaide Avenue the man resisted arrest. Officers used a taser on the man. Witnesses say the man was swinging a shovel at police. Then another officer fired shots. “I can not imagine how the police officer used deadly force,” says brother Anthony Carolino. According to the District Attorney’s office, between 1993 and 2017, 79 percent of officer-involved shootings had some evidence of drug use or mental health concerns. Just last week, Governor Newsom signed a new law requiring officers to use every non-lethal option. But the Carolino family says that wasn’t the case over the weekend. “We have the taser; we have the pepper spray, we have the canine unit, we have a police negotiation team. Those things are not here.”The family says they are hoping this doesn’t happen to another family. 10News reached out to the San Diego Police Department to ask if they were aware of the man’s mental illness, the time frame of when the taser and gun were fired and how long officers were there before the shooting. We are still waiting to hear back.  1735