SAN FRANCISCO (CBS SF) — A federal court appointed psychologist has ruled that Jose Garcia-Zarate was mentally incompetent to stand trial on a gun possession charge related to the 2015 slaying of Kate Steinle on the San Francisco waterfront.

In a one-page order issued Friday, U.S. District Court Judge Vince Chhabria ruled that “the evaluator has concluded that the defendant, because of mental illness that is not presently being treated, is not competent to stand trial. The evaluator’s report has been provided to the government and the defense.”

Chhabria set a 1:30 p.m. court hearing on Feb. 19th to discuss the matter further with the attorneys on both sides.

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