That request was sent to the Sheriffs Office in San Francisco, which said once he is eligible to be released with San Franciscos Sheriffs Department will notify the u. S. Marshal pursuant to the federal criminal warrant. What charges could Jose Ines Garcia zarate face . According to Immigration Law because he illegally reentered the jieUnited States fives timee could face 10 years in prison and could face a penalty enhancement of 10 years because he committed a crime after reentry. Remember, he was found guilty of possessing a gun that killed kate steinle. Last night, i. C. E. Sent out its own detainer. An administrative order like this one asking him to be turned over to be deported to mexico. That would happen only after he served time in a federal prison. In the meantime hell be sentenced on december 14th. His defense will likely ask for the minimum 16 months, the prosecution for the maximum three years. In this case, mr. Jose Ines Garcia Zarate could receive a sentence of three years, hes been in a jail for two and a half years so it would probably be a credit for time served situation. The Justice Department can almost guarantee that hell go from a San Francisco jail into a van belonging to the u. S. Marshal which will then transport him to a federal prison. But first he has to be charged and that will likely happen. The Justice Department said this morning we will prosecute this to the fullest extent of the law. Thats the process. All right. Thanks very much. Youve been with it from the beginning. Some people tonight are asking why the kate steinle jury wasnt able to handle the key piece of evidence in the case. The gun his defense team claims he found. We continue coverage with that story. Reporter this is cig 239 its the same model gun at the heart of the kate steinle murder trial. While San Francisco public defender confirms the jury asked to pull the trigger on the unloaded weapon, the judge refused. I think it was an incorrect decision by the judge. Former prosecutor believes that had the jurors been able to pull the trigger the verdict might have been different. Diffen in my opinion, this is something that the jury could do. The federal ranger whose gun was stolen testified he left it in double action mode but it was unclear whether it was still that way when Jose Ines Garcia zarate fired the fatal shot. Its double action, 6 pounds in single action, so its not a hair trigger. Either way the gun expert says pulling the trigger on the cig sauer takes more pressure. I think if the jurors could hold the gun and see how not easy it is to pull the trigger. Reporter t but law professor david levin said the judges ruling was probably not a major factor. It was the defense that was pushing for it. The defense must have thought if the jury started handling the weapon it would have come out their way. Why wasnt the prosecution supporting that . Maybe they thought it was going to go the defense way as well. Laura anthony, abc 7 news. As reaction continues to pour in from across the country, many are asking whats to happen with sanctuary cities. Reporter the debate over sanctuary cities hitting a new level. Jeff sessions releasing a statement saying the department of justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. I turj lead ers to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal Law Enforcement officers. President trump didnt hold back saying the Kate Steinle Killer came back and back over the weakly protected obama border, always committing crimes and being violent, and yet this info was not used in court. Build the wall. Some say Kate Steinles accused killer Jose Ines Garcia zarate has been more about politicsen and policy. This is the first time ive seen where the president of the United States has actually come out in this way to actually attack hes attacking the jury. And they were just doing their job. Reporter San Francisco mayor ed lee is Standing Firm despite the Harsh Criticism hes received. We are and will remain a sanctuary city no matter what the attorney general or president of the United States tries to do because we know we are a safer city as a result. Boswell says the focus needs to be on Immigration Reform moving forward. We have juries for a reason. We have them because we trust in them the responsibility of making these hard decisions, devoid of politics. Reporter the house passed kates law back in june but both bills languish in the senate. We have complete coverage of the kate steinle murder trial online. The latest breaking news alerts are sent out through the abc news app. New details now. The identity of a man shot and killed by San Francisco police today has just been released. Hes 42yearold keita oneil. That happened in the Bay View District at gillman avenue and ingal street. Abc 7 News Reporter melanie ingral explains what led up to it. Reporter it began with a car jacking this morning. The victim vehicle is a state lottery, its a lottery vehicle. Reporter california state lot toe officias say the driver of the van is shaken but not seriously injured. Place say the suspect drove the van to the housing projects with police not far behind. The suspect exited the vehicle. Reporter police say they fired one round. From sky 7 you can see a Police Cruiser with a shattered window, blood splatter on the door. The body cameras the officers are wearing have been retrieved, theyll be reviewed later for evidence. They say its too early to say whether the suspect was armed. They say a gold suv was traveling around with the van. Four men were stopped and detained. At this point we believe they have some involvement in the robbery. Sfp says no officers injured in the chase or the officerinvolved shooting. New at 6 00 tonight, police have arrested a second man wanted for a murder in san jose in october. They found him in gilroy yesterday. His arrest comes more than a month after Border Patrol officers picked up bargas. Also new at 6 00, these three men have been arrested on suspicions of a Home Invasion robbery. Theyre all accused of breaking into a house. Sheriffs deputies said the homeowners hid inside and called 911 as the suspects stole jewelry and personal documents. They said they arrested two of them when they responded to the house. The third was taken into custody today. A mount view elementary teacher is facing Sexual Assault charges. Rios faces multiple charges and the investigation is ongoing. We are told by police, none of the victims in the case are students. Coming up next a story youll see only on abc 7 news. An Airline Passenger said hes reached a breaking point with american airlines. And now hes taking it public. Ill have the accue Weather Forecast coming up. A couple hires a contractor who walks off the job and keeps the hard exhalation honey . Can we do this tomorrow . grunts of effort can we do this tomorrow . If you have Heart Failure symptoms, your risk of hospitalization could increase, making tomorrow uncertain. But entresto is a medicine that was proven, in the largest Heart Failure study ever, to help more people stay alive and out of the hospital than a leading Heart Failure medicine. Women who are pregnant must not take entresto. It can cause harm or death to an unborn baby. Dont take entresto with an ace inhibitor or aliskiren. If youve had angioedema while taking an ace or arb medicine, dont take entresto. The most serious side effects are angioedema, low blood pressure, kidney problems, or high potassium in your blood. Tomorrow, tomorrow. When can we do this again, grandpa . Well, how about tomorrow . Ask your doctor about entresto and help make tomorrow possible. Hi, were alaska airlines. And we dont just fly lumberjacks to glaciers. We fly all kinds of people all kinds of places. Like App Developers to mexico city. Musically inclined novelists to nashville. And pilates instructors to palm springs. Sure, we love a good glacier. But we also like a little cocoa butter. From the west coast to the world. Alaska airlines. Thats how we fly. From the west coast sfx stair creak sfx clink sfx deep breath sfx grunt sfx tinny headphone music sfx feet shuffling sfx slice sfx gasp sfx inhale. Exhale. Sfx lights scraping on roof sfx metallic scrape sfx grunt covered california. Its more than just health care. Its life care. Breaking news from oakland where theres been a collapse in the construction site n on the basin. They say the firefighter is on the scene and say 300 feet of shoreline and slipping containers slid in. Ski 7 is in the area. Theyre trying to keep the water as clean as possible. This map shows you where the book lin basin is. It sits along the am bark dare row, south of the square. Theyve touted the project as a major redevelopment of the oakland waterfront. Tomorrow marks the one Year Anniversary since the deadly ghost ship warehouse fire in oakland where 36 people died. They were inside the building listening to music when the building caught fire. Abc 7 news anchor eric thomas joins us live from that warehouse tonight zblsh theres a memorial scheduled tonight at the Oakland Museum of california in about 20 minutes. Tomorrow there will be other memorials here with youth choirs and pastors talking to people about what happened. But 364 days later theres still a question hanging in the air. Is oakland fire safety better than now it was a year ago at this time. Prayer, and movie will accompany the memorial at the ghost ship. We just want to make sure when you come into our neighborhood its a clean environment, safe environment and to show our respect for everyone. Notice Early Morning hours of december 2, 2016 during a concert inside the ghostship a fire broke out. The city of oakland was criticized for not inspecting many of the unregulated live work spaces in the city. But they say things are improving primarily because neighbors are coming forward to report problems. Regarding the wiring, the fire safety, the mold and just the poor Living Conditions some of us are choosing to live in the Fire Department has heard criticism that nothing has changed. The fire chief disagreed. As of today, we have three out of the six currently hired we have a fourth coming on board on monday and two more in the background process and were hoping to have them on board at the end of the year. Jonah heads the oakland Warehouse Commission which represent it is Artist Community in the area. They said if the city wants to succeed theyll partner with gross root groups. Unless the city works with the community, theres not going to be a lot of success, wide scale, bringing buildings into compliance. While Airport Security focuses on intercepting potential weapons verbal assaults can still happen on aircraft. A south bay passenger said it has happened several times to him as a muslim america. David luis has one mans story. To be honest it was a breaking point. Computer sign cyst salman san azhar, has had. He posted a photo of a flight attendant, who he thinks azhar doubted was sitting in first class. He thought that i was trying to pull something in, some weapon or Something Like that, even though i was past security so there was no chance of anything like that happening and h wouldnt allow me to sit in the seat. This is a story they did about him after 911, he immigrated from pakistan when he was 14. However he believes antimuslim tweets by President Trump are causing people to be confrontational. On another flight this man didnt want his child to sit next to him. His response was thats i dont care about fairness, all i care about is winning. Thats all i care about in my life and thats why we kill people like you. To avoid a flight delay, the azhars relented. He has reached a breaking point and will speak out about it. United response . Were concerned to hear f our customers experience and are in touch with him to better understand what happened. Lets move on and talk about the weather. Just looking behind me, that moon that just disappeared, but it was so gorgeous. It was cool outside. But it is crisp and cool. We did have a great shot of the moon earlier. Heres live doppler 7 we have a few high clouds which have not obscured our view of the sky. Lets move on and take a couple live views to see what we find. Cant find the move in this one. This is the abc 7 camera at pier 15. Currently its 54 in San Francisco. We have mid 50s in virtually all the locations. This is the view from our emeryville camera looking west ward. Its 51 at santa rosa, 48 in napa, a bit cooler up in the north bay. 46 in fairfield, novato 52. 55 in concord. Well, it was a view, its a little dark now. We were looking down onto the bay earlier, you could see some of the bright lights pch these are our forecast features. Itll be chilly inland with a few clouds. Weekend sprinkles or isolated showers are possibly sbibt eel be dry and milder the next few days. On we go to a look at your 12hour planner for tomorrow. Starting in the Early Morning hours around 7 00 or so, skies will be bright. Well have a few thin high clouds. A cool to chilly morning with temperatures in the upper 30s inland. We will see temperatures rise to the low 60s in the warmest spots tomorrow. A chance of isolated sprinkles, mainly in the north bay. Overnight our projected low temperatures, 38 santa rosa, 39 napa, 39 at morgan hill but most other locations see lows in the mid 40s. Tomorrows highs in the south bay in the low 60s. Mid to upper 50s on the a max temperature of 60 degrees in the north bay. Similar range of highs in the east bay and in the east bay we may see some low 60s. Forecast animation at 7 00 tomorrow morning shows bright skies. Notice how the clouds increase in the afternoon hours. We see the showers developing in the north bay and then sort of disappearing mostly by early evening and should be just about all over by early sunday morning although a sprinkle or two may still occur in the early wee hours of sunday. After that mainly sunny skies and a clear day ahead. High tides, will be higher than average, may produce minor flooding in lower lying areas around the coast. Heres the accue weather, 7 day forecast. Great day on monday, but the rest of the day gets milder milder. Tis the season for deliveries. One amazon delivery came with more than what was ordered. That story next. Tonight here on abc 720 20 presents a prime time special on prince harry and megan markle. Tonights special starts im worried. I have this medical bill. Oll, huh . Dave, you have anthem and they have people to talk to who are empowered to help any question you. Is, is he okay . Real people . Living and breathing. Hopefully not breathing like that. For all the things that keep you up at night, Anthem Blue Cross has a solution. Happening now, San Francisco city hall is lit up in red in honor of world aids day. A day to remember those diagnosed with hiv and aids. Former president bill clinton was the keynote speaker. In 1996 he helped designate the National Monument in honor of those who died from aids. Today is the 29th world aids day. A driver dlifing a package in sacramento added a much too personal touch to the delivery. This shows the driver squatting behind the delivery door and going to the bathroom. This all happened tuesday afternoon. The driver was making a delivery for amazon. But amazon says she was just a contractor. An amazon spokesperson said the unwanted delivery does not reflect the high standards we have for Delivery Service providers. The driver has since been fired. And they offered the homeowner a gift card as an apologize. A little over 24 hours ago, a jury tlidelivered a not guilt verdict in the kate steinle murder trial. Tonight were looking at the keys to the case. Also ahead a shocking shift live where you live, this is abc 7 news. Drone view 7 flew by pier 14 in San Francisco today. This is the spot where kate steinle was shot and killed more than two years ago. There is a memorial to steinle there just one day after the jury acquitted the man on trial for killing her. Several pieces of evidence were important to that trial. It began with how both sides handled the political backdrop as then candidate donald trump wove the defendants status into his campaign. Abc 7s Jonathan Bloom walks us through the trial. My first hour in office, those people are gone. Reporter defense attorney matt gonzalez, prepped a jury saying they cant be moved by the moment. It was called a necessary step. Its true when you tell people dont think of a white elephant, thats what they think about. But not to say anything about the political aspect would have