Kate Steinle Trial: Ranger Called 'Dangerous' By Defense

SAN FRANCISCO – A defense attorney representing the man charged with murder in the fatal shooting of Kate Steinle blasted a Bureau of Land Management ranger as "dangerous and irresponsible" for leaving the gun used in the shooting unsecured in his vehicle.

Ranger John Woychowski testified Thursday in the trial of Jose Ines Garcia Zarate, 45, who is charged with second-degree murder in the July 1, 2015 fatal shooting of Kate Steinle at San Francisco's Pier 14 with a stolen
gun.

Defense attorneys have argued that the shooting was accidental, occurring after the defendant found the gun stashed under a seat on the pier, wrapped in a cloth or T-shirt. The gunshot that struck Steinle was a ricochet
off the pier, according to evidence presented at the preliminary hearing.

They have placed the actions of Woychowski, whose gun was stolen from a car in San Francisco shortly before the shooting, at the center of their case, alleging that he was negligent in leaving the gun in the car.

Woychowski was off duty and stopped in San Francisco while on a family trip to a temporary posting in Helena, Montana on the night of June 27, 2015, when the gun was stolen.

The ranger said he left the fully loaded gun, a .40-caliber Sig Sauer P239 that served as his secondary duty weapon, inside a backpack stashed under the front seat of his SUV parked on Embarcadero near Pier 5
while the family went to dinner. The backpack also contained his badge and law enforcement credentials, as well as a second magazine for the gun.

"It appeared to be at the time a safe location," Woychowski said. "It was well lit and metered and there were other pedestrians in the area, which made me feel safer."

Woychowski said he also spoke to someone he took to be a meter maid or security guard in the area who said he would be patrolling until 11 p.m., and took that as additional assurance his vehicle would be safe.

When he returned, two of the vehicle's windows had been smashed and the backpack with the gun inside was missing. Also taken in the burglary were articles of clothing and credit cards.

The credit cards and second magazine were ultimately recovered, but not the articles of clothing.

Under cross-examination by Matt Gonzalez, who is representing Garcia Sanchez, Woychowski said the Sig Sauer does not have a safety mechanism.

Prosecutor Diana Garcia objected repeatedly during Gonzalez' cross-examination as federal attorneys representing the Bureau of Land Management looked on.

Gonzalez attempted to ask the ranger if he felt he bore any responsibility for the shooting, which occurred several days later, but Judge James Feng sustained an objection to the question and prevented Woychowski
from answering.

Outside court, Gonzalez described his actions in leaving the loaded gun in the car as "dangerous and irresponsible."

"There's no question that he negligently triggered the course of events that led to the death of Kate Steinle," Gonzalez said, noting that he did not believe Woychowski was criminally liable.

Prosecutors are not presenting any evidence in the case that Garcia Sanchez stole the gun.

The gun was reported missing to San Francisco police and to Bureau of Land Management officials immediately and Woychowski said the incident was investigated but he was not disciplined for it.

Woychowski's loss of the gun is also the subject of a federal lawsuit filed by the Steinle family against the BLM.

Guns stolen from law enforcement have been used in several fatal shootings other than the Steinle case in recent years.

Most recently, a gun stolen from a police officer's personal vehicle on Aug. 12 was used in an alleged crime spree that included the fatal shooting of 23-year-old Abel Enrique Esquivel, Jr. on Aug. 16 in the Mission
District.

Three people were arrested in that shooting, which occurred during a robbery.

And in Oakland, 27-year-old Antonio Ramos was shot and killed on Sept. 29, 2015, with a gun that had been stolen from an Immigration and Customs Enforcement agent's car weeks earlier. Police arrested 20-year-old
Marquise Holloway in connection with the shooting on Nov. 20.

In response to those and other incidents, a state law was signed last year requiring that law enforcement officers store guns in a locked trunk or safe box if they are kept in a vehicle. Civilians were already required to store their weapons securely but law enforcement had previously been exempt.

The San Francisco Board of Supervisors also passed an ordinance in February 2016 requiring all weapons left in vehicles to be secured in a locked trunk or lock box, for both civilians and law enforcement.

Testimony was also heard today from a San Francisco crime lab technician who found a single particle of gunshot residue on Garcia Sanchez' hands. Defense attorneys are contending that the low particle count supports the notion that the weapon was wrapped in a cloth.

Prosecutors have declined to comment in detail on the case outside of court. District Attorney's Office spokesman Alex Bastian today said only that cases were built "brick by brick" and that "At the end of this trial,
the jury is going to make a determination on whether or not the defendant intended to pull the trigger," Bastian said.

Testimony is expected to continue in the trial on Monday.

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PREVIOUS: THURSDAY, OCT. 26, 4 p.m.

Jurors witnessed a series of tense exchanges between attorneys in San Francisco Superior Court today as a federal Bureau of Land Management ranger whose stolen gun was used in the fatal shooting of Kate Steinle at Pier 14 two years ago took the stand.

Steinle, a 32-year-old Pleasanton native and South Beach neighborhood resident, was killed by a single gunshot on July 1, 2015, as she walked on the pier with family members.

Defense attorneys in the trial of Jose Ines Garcia Zarate, 45, who is charged with second-degree murder for her death, have argued that the shooting was accidental and occurred after the defendant found the stolen weapon stashed under a seat on the pier.

The gunshot that struck Steinle was a ricochet off the pier, according to evidence presented at the preliminary hearing.

As part of their case, the defense attorneys have placed the actions of Ranger John Woychowski, whose gun was stolen from a car in San Francisco shortly before the shooting, at the center of their case.

Woychowski was off duty and stopping off in San Francisco on a family trip to a temporary posting in Helena, Montana, on the night of June 27, 2015, when the gun was stolen.

Woychowski said he left the gun, a .40-caliber Sig Sauer P239 that served as his secondary duty weapon, in a holster inside a backpack stashed under the front seat of his SUV parked on The Embarcadero near Pier 5 while the family went to dinner. The backpack also contained his badge and law enforcement credentials.

"It appeared to be at the time a safe location," Woychowski said. "It was well-lit and metered and there were other pedestrians in the area, which made me feel safer."

Woychowski said he also spoke to someone he took to be a meter maid or security guard in the area who said he would be patrolling until 11 p.m., and took that as additional assurance his vehicle would be safe.

When he returned, two of the vehicle's windows had been smashed and the backpack with the gun inside was missing.

Prosecutors are not presenting any evidence in the case to indicate that Garcia Zarate stole the gun.

The gun was reported missing to San Francisco police and to Bureau of Land Management officials immediately, and Woychowski said the incident was investigated but he was not disciplined for it.

Matt Gonzalez, who is representing Garcia Zarate, pushed hard on Woychowski in cross-examination this morning, questioning why he had left the fully loaded weapon in a backpack in the car and whether his actions were unsafe or against BLM policies.

Gonzalez also attempted to raise the question of whether the person Woychowski took to be a security guard might have been involved in the theft.

However, Judge James Feng has previously ruled to greatly limit the scope of questions that could be asked of Woychowski.

Prosecutor Diana Garcia made numerous objections to Gonzalez's questions today and Feng largely agreed, repeatedly blocking Gonzalez.

After several attempts by Gonzalez to argue the point, Garcia asked the judge, "Your honor, I'd ask that we not make speeches in front of the jury."

"My speeches are much longer than that," Gonzalez shot back, drawing a laugh from the courtroom.

Woychowski's loss of the gun is also the subject of a federal lawsuit filed by the Steinle family against the Bureau of Land Management.

Steinle's parents originally sued the city of San Francisco as well, alleging that the city's decision to release Garcia Zarate, an undocumented immigrant, from jail without notifying federal immigration authorities played a role in her death.

The city's Sanctuary City policy, which has been the subject of national controversy, sharply limits the circumstances under which local law enforcement can share information with immigration officials.

However, the family's lawsuit against the city and former Sheriff Ross Mirkarimi was thrown out earlier this year. Guns stolen from law enforcement have been used in several fatal shootings other than the Steinle case in recent years.

Most recently, a gun stolen from a police officer's personal vehicle on Aug. 12 was used in an alleged crime spree that included the fatal shooting of 23-year-old Abel Enrique Esquivel Jr. on Aug. 16 in San Francisco's Mission District.

Three people were arrested in that shooting, which occurred during a robbery.

In Oakland, 27-year-old Antonio Ramos was shot and killed on Sept. 29, 2015, with a gun that had been stolen from an Immigration and Customs Enforcement agent's car weeks earlier. Police arrested 20-year-old Marquise Holloway in connection with the shooting on Nov. 20.

n response to those and other cases, a state law was signed last year requiring that law enforcement officers store guns in a locked trunk or safe box if they are kept in a vehicle. Civilians were already required to store their weapons securely but law enforcement had previously been exempt.

The San Francisco Board of Supervisors also passed an ordinance in February 2016 requiring all weapons left in vehicles to be secured in a locked trunk or lock box, for both civilians and law enforcement.

Testimony in the trial is expected to continue this afternoon.

PREVIOUS TRIAL COVERAGE:

• Kate Steinle Trial: Video Shows Suspect At Pier 14 Murder Scene
• Kate Steinle Murder Trial: 'Freakish Ricochet' From 'Hair-Trigger' Gun Caused Accidental Death: Defense

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--Bay City News/Photo of Kate Steinle via GoFundMe