San Francisco DA will not retry gun charge against man acquitted of killing Kate Steinle

SAN FRANCISCO (KGO) -- San Francisco's district attorney will not retry Jose Inez Garcia-Zarate, the undocumented immigrant who was acquitted in the killing of Kate Steinle, on illegal gun possession.

Garcia-Zarate still faces federal gun charges. Two years ago, Garcia-Zarate was acquitted of charges including murder, manslaughter and assault. But he was still facing an illegal gun possession charge in the shooting death of Steinle at San Francisco's Pier 14.

TIMELINE: How the Kate Steinle case unfolded

The sole conviction was overturned by the First District Court of Appeal which said the judge improperly instructed jurors.

Garcia-Zarate is currently is still in custody awaiting trial in federal court next month.

See more stories on the shooting of Kate Steinle.