San Francisco DA to decide whether to retry man acquitted of killing Kate Steinle

SAN FRANCISCO (KTVU) - The man who shot and killed Kate Steinle in San Francisco in 2017 may have to face a retrial. 

Defense attorneys for Jose Ines Garcia Zarate were back in court Tuesday asking the San Francisco District Attorney's Office not to move forward with a new trial for illegal gun possession. 

Last year, Zarate, who is an undocumented immigrant, was acquitted of murder, manslaughter, and assault in the case, but convicted of being a felon in possession of a gun. 

An appeals court overturned that conviction in August because the trial judge improperly instructed the jury. 

The district attorney's office could decide to retry that part of the case or drop the charge.