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Thread: Oscar Grant was shot in the back by BART police officer

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    Oscar Grant was shot in the back by BART police officer

    OAKLAND, Calif. (AP) — Heavy police presence greeted Bay Area Rapid Transit commuters Thursday, a day after more than 100 people were arrested in violent protests over the fatal shooting of an unarmed black man by a transit police officer.

    At least three cars were set on fire, store windows were smashed and a police cruiser was vandalized in what started as a peaceful demonstration Wednesday over the Jan. 1 shooting of Oscar Grant. Police in riot gear threw tear gas to try to break up the demonstration.

    "The crowd started to become more agitated, more hostile, started throwing stuff at the police," said Oakland Police spokesman Jeff Thomason. He said charges against those arrested include inciting a riot, assault on a police officer, vandalism, rioting and unlawful assembly.

    Extra police were deployed to East Bay stations on Thursday. Officers patrolled BART headquarters to ensure calm during the agency's morning meeting, where many African-American community leaders expressed outrage over the killing of Grant.

    An officer identified as Johannes Mehserle shot the 22-year-old on a BART station platform after responding to reports of men fighting on a train. Officers had pulled Grant and a few other men out of the train. The victim was lying face down on the platform when he was shot.

    The shooting and events leading up to it were captured on amateur videos that have been broadcast on television.


    Mehserle resigned from the transit agency shortly before he was supposed to be interviewed by investigators Wednesday. Mehserle's attorney did not respond to calls for comment.

    Some experts who viewed the video clips speculated that Mehserle fired his gun because he believed Grant had a deadly weapon, while others think the officer had mistakenly his handgun for a stun gun.

    "If he was under stress he would not be able to distinguish between a Taser and his firearm," said Bruce Siddle, founder of PPCT Management Systems, an Illinois company that trains law-enforcement officers in use-of-force.


    BART police and the district attorney are investigating the shooting, and Oakland Mayor Ron Dellums asked city police to investigate as well.

    Grant's family has filed a $25 million wrongful death claim against BART and want prosecutors to file criminal charges against Mehserle.
    http://www.google.com/hostednews/ap/...omz3gD95J57EG1

    View video - judge for yourself.

    POLICE SHOOTING AT BART STATION



    "If he was under stress he would not be able to distinguish between a Taser and his firearm," huh???

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    Quote Originally Posted by TheMorningStar View Post
    "If he was under stress he would not be able to distinguish between a Taser and his firearm," huh???
    I see you were alarmed by the same sentence! Christ... If that's the case, tasers pose a bigger threat than the one most taser opponents focus on - that they occasionally shock people to death. I'm not all that familiar with police-issued tasers, but wouldn't you think they'd create grips that are easily differentiated from the gun?

    You know, I haven't seen the tape, nor am I able to from work. However, I can't imagine many situations that would justify shooting a man laying face down. In that position, you'd think a cop could afford to wait to see the weapon before shooting.

    That said, the black community isn't doing themselves any favors by responding to criminal injustice with criminal behavior.
    "Now that ceaseless exposure has calloused us to the lewd and the vulgar, it is instructive to see what still seems wicked to us. What still slaps the clammy flab of our submissive consciousness hard enough to get our attention?"

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    The Shakedown King Pete Bondurant's Avatar
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    This fellow, Grant seems like a hoodlum. The millions of dollars his family gains from their lawsuit will probably be the only money they could hope for from him. I have no sympathy for him. As far as I am concerned, these officers should be dispensing the same medicine Mr. Grant received to these crowds of rioters. Mayor Dellums(?) This bastard was a communist! To hell with Oakland. The entire Bay area needs to be disinfected.

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    There are a couple of reasons why I think the officer in question thought he was going to tazer the suspect.

    1) The suspect was on the ground with one officer kneeling on the back of his neck and another in control of his feet. It makes no sense to shoot him with a gun when there were several other officers on the scene to help handcuff the suspect.

    2) Just before the officer discharges his weapon, the officers let go of the suspect. This indicates to me that they too thought a tazer was about to be used. I cannot hear him say "clear" or anything on the video, but the actions seem to indicate he said something of the such as the other officers let go at pretty much the exact same moment.

    My questions are:
    1) Why wasn't the gun's safety on?
    2) How much exactly do tazers feel like guns?

    "If he was under stress he would not be able to distinguish between a Taser and his firearm," said Bruce Siddle, founder of PPCT Management Systems, an Illinois company that trains law-enforcement officers in use-of-force.
    We should all be very afraid if this is true.

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    Quote Originally Posted by TheMorningStar View Post
    We should all be very afraid if this is true.
    ...only if you are a loud-mouthed miscreant fighting on public transportation.

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    Quote Originally Posted by Pete Bondurant View Post
    ...only if you are a loud-mouthed miscreant fighting on public transportation.
    Or being forced to defend yourself from one.

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    Quote Originally Posted by Athena View Post
    That said, the black community isn't doing themselves any favors by responding to criminal injustice with criminal behavior.
    Just saw some videos of the rioting on iReport on CNN, one of them was with a car being torched and another was random vandalism on another car. I don't think I will ever understand how setting cars aflame and trashing other's property is a logical response in some people's minds. If you're upset at the BART police, then go protest outside of their HQ or something. What did the poor SOB who owned the compact car you just torched ever do to you, besides parking along your riot route?

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    Grant was with three friends and just had dinner and were on their way home when they were pulled off the train. Altercation or not, they were all sitting on the floor back against the wall. The cops used racial slurs and excessive force far before the point blank gun shot to the back of the chest. MANY MANY people witnessed the brutality of the officers and the cold blooded murder. If you were black or spanish and had a small altercation on NYears Eve would you think you would be killed? As a citizen there would you feel safe. It was murder. People are angry and they are revolting. I personally think they should be burning the police station, not businesses! However, I have numerous cases of excessive force of cops and not all the perps were "perps", the cops were power hungry racist pieces of shit. I may be white but my children are not and I am not a big supporter of the "blues". I've witnessed too much bullshit from NYC cops. Cops like these make good people hate cops.

    This cop just murdered this guy. I teared up, it was freigtening to see a policeman so brazenly do this and I too was angry. They go and arrest baby murderers and rapists and their guns never go off, the stress never gets to them then? Convenient.

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    Quote Originally Posted by Morgana View Post
    People are angry and they are revolting. I personally think they should be burning the police station, not businesses!
    That's the only problem I have with the whole situation. They want to be taken seriously, but when they stoop to the level of flipping cars, starting fires, and breaking windows, it's only going to be met with force. I would meet them with force if they were breaking windows of businesses that had nothing to do with the situation.

    They should do this peacefully. I would rather they sit in front of the BART station headquarters because THEY are the one's liable for this death, not the police station. BART hired the guy who shot Grant. BART paid for these officers to be trained to use weapons. If any place should be burned down, it should be BART, not the police station. But will that get them anywhere? No. It won't.

    I feel that they should bring the BART officer in for questioning. The police should be involved in this investigation due to the fact that a life was taken away. It seems they had a problem with him sitting down.

    I, personally, would've left his ass lying on the floor instead of trying to "taser" him. If the excuse "he thought it was the taser because he was under a lot of stress" passes in this situation, then is that going to be the excuse of every person who gets "accidentally shot" when the person was supposed to be tasered?

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    Alameda County prosecutors filed charges Friday against three people arrested during Wednesday night's chaotic protests in downtown Oakland over the fatal shooting of an unarmed man by a BART police officer.

    The three were among 105 people arrested during a raucous demonstration where trash bins and cars were set ablaze and 300 businesses were damaged. The protests were in response to the New Year's Day killing of 22-year-old Oscar Grant. Four other people were not charged by prosecutors, and about 70 others were cited and released for misdemeanors and could face charges in coming weeks.

    Lee Y. Pang, 28, of Oakland was charged with misdemeanor possession of a concealed weapon and possession of a loaded firearm. Pang was arrested at about 10:45 p.m. near 20th and Broadway and said, "I've got guns in both my pockets," as he was taken into custody, police said.

    Police found two semiautomatic pistols, one in each pocket, authorities said.
    He was also arrested on suspicion of rioting, but prosecutors did not lodge that count.
    After all, whats a riot without semiautomatics?
    A 20-year-old Oakland man, Andrew Lewis, was charged with felony possession of cocaine and misdemeanor vandalism for allegedly breaking windows at the McDonald's restaurant at 14th and Jackson streets.

    Outside court Friday after making bail, Lewis, a student at Merritt College in Oakland, defended the mayhem.

    "Somebody has to pay for his life," said Lewis, referring to Grant. "They can go replace that window. They can replace that car. A brother cannot replace his life."

    Lewis added, "It was worth it. To be honest, more vandalism should still be going on right now. I would have no problem doing the same thing again. I would do it again in a heartbeat. There can be no justice, because he can't get his life back."
    fucking moron - yea that makes sence

    The third defendant, Cleveland Valrey Jr., 30, of San Francisco, was arrested when officers saw him setting fire to a garbage can at 14th and Clay streets about 10 p.m., authorities said. He was charged with felony arson. He also made bail but declined to comment.
    http://www.sfgate.com/cgi-bin/articl...MND8156MDK.DTL

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    Quote Originally Posted by Morgana View Post
    Grant was with three friends and just had dinner and were on their way home when they were pulled off the train. Altercation or not, they were all sitting on the floor back against the wall. The cops used racial slurs and excessive force far before the point blank gun shot to the back of the chest.
    Oh...so you were there?

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    Quote Originally Posted by Pete Bondurant View Post
    This fellow, Grant seems like a hoodlum. The millions of dollars his family gains from their lawsuit will probably be the only money they could hope for from him. I have no sympathy for him. As far as I am concerned, these officers should be dispensing the same medicine Mr. Grant received to these crowds of rioters. Mayor Dellums(?) This bastard was a communist! To hell with Oakland. The entire Bay area needs to be disinfected.
    Finally Pete says something I agree with besides the pictures of army women. I grew up in Oakland but it has changed from a working to get something attitude to a I am entitled to get something for nothing attitude.

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    I'm wondering how a riot will make the BART officers stop shooting people in the back? It may force officials into "doing something". I doubt it will make the officers feel less likely to worry about the actions of those they attempt to detain.
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    I have spent a lot of time in Oakland and know enough about the area to say that this is only a small symptom of the real problem.

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    Quote Originally Posted by Dakota_Valkyrie View Post
    I'm wondering how a riot will make the BART officers stop shooting people in the back? It may force officials into "doing something". I doubt it will make the officers feel less likely to worry about the actions of those they attempt to detain.
    Every time officials "do something," the inner-city types and the civil rights activists who represent them complain about it. Curfews, expanded police presence, mandatory minimum sentencing, random police blockades and searches, three strikes laws....apparently, these people do not actually want the government to do anything but hand out checks.

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    Ex-BART officer arrested on murder warrant

    Ex-BART officer arrested on murder warrant

    A former transit police officer, allegedly seen on a videotape killing an unarmed man at a Bay Area subway station, was arrested in Nevada on a homicide warrant.

    The arrest was confirmed by the Oakland mayor's office, but few other details about the charges were not immediately available. The former officer, Johannes Mehserle, was being held in Nevada's Douglas County.

    Graphic video of Oscar J. Grant III's death at an Oakland train station has roiled emotions in the Bay Area, leading to a demonstration at Bay Area Rapid Transit district headquarters and calls for more oversight of the agency's police force.
    http://latimesblogs.latimes.com/lano...t-officer.html

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    BART victim was 'restrained' when officer shot him, police say

    BART victim was 'restrained' when officer shot him, police say

    (01-14) 19:51 PST OAKLAND -- The unarmed man killed by former BART police Officer Johannes Mehserle on an Oakland train platform early New Year's Day put up a brief struggle with officers but had been restrained and had both arms behind him when he was shot in the back, police investigators said.

    The conclusion by Oakland police, contained in a legal filing made public Wednesday, contributed to Alameda County prosecutors' decision to charge Mehserle, 27, with murdering 22-year-old Oscar Grant of Hayward.

    It was an extraordinary decision. Several legal experts said they could recall no instance of a police officer in California being charged with murder for an on-duty incident, and Alameda County District Attorney Tom Orloff said he had never brought such a case in his 14 years on the job.

    But the circumstances of the case are equally extraordinary, in that the shooting was filmed by several BART passengers and Mehserle has refused to talk to investigators about why he shot Grant. Orloff said Wednesday that both factors played into his decision to charge Mehserle with murder.
    http://www.sfgate.com/cgi-bin/articl...MNJE15A6O2.DTL

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    I thought he looked like he was handcuffed. That's why I said I would have left his ass lying on the floor. This is what the police department should have done in the first place.

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    You know, as much as I understand the issues of distrusting the police and community backlash, it really seems like, with a murder charge, they're throwing this dude under the bus to assuage discontent, which I'm not exactly comfortable with. Murder means that you willfully and intentional killed another human being. Since I've gotten a chance to watch the clip, that doesn't look like what happened.

    Of course, Radley Balko (I know, I know), who specializes in police corruption (for lack of a better term), has a great bit on his blog about it:

    A (Mild) Defense of the Cop in the BART Shooting

    So after looking at the videos several times, I have to dissent from the chorus calling for the head of Johannes Mehserle, the cop who shot and killed Oscar Grant at an Oakland BART station two weeks ago.

    Mehserle’s body language after he fires the shot to me indicates panic and confusion, not satisfaction at having just carried out a deliberate execution, as some local politicians have portrayed it. I find the explanation that Mehserle thought he he had grabbed his taser to be not only plausible, but likely.

    That doesn’t mean Mehserle should get off. He’s clearly at fault. Whatever line of work he finds next, a portion of his paycheck should go to Oscar Grant’s family for the rest of Mehserle’s life. That should probably go for the people who trained him, too (though that isn’t going to happen). Moreover, Mehserle should never wear a badge again. Oscar Grant’s death will either haunt him for the rest of his life, or it won’t. In either case, it disqualifies him from being a cop. If it’s determined that there was no reason for Mehserle to draw his taser (Grant appears to be handcuffed and on his stomach in the videos), then he’s guilty of excessive force, and a manslaughter charge might be appropriate.

    The police should be held to a higher standard than those of us without a badge. As Glenn Reynolds points out in the New York Post today, the courts unfortunately seem to hold them to a lower one. The doctrine of qualified immunity, which affords police officers (and other government employees) protection from negligence not afforded to those of us who don’t get a government paycheck, is another example.

    That said, there seems to be a mob-fueled rush to pin a murder charge on this guy. Given the videos, it just doesn’t seem warranted to me. Speaking as a journalist who has reported on plenty of aggravating stories where bad cops got off scot-free, Mehserle shouldn’t have to suffer the accumulated anger of all of those stories. He should be charged for what he did, nothing more.

    At the same time, I’d pose this question to the Mehserle defenders I’ve seen on police forums and bulletin boards: I’m sympathetic to the argument that in the heat of the moment, Mehserle inadvertently reached for the wrong weapon. But Mehserle had training. He had other cops there backing him up. If we’re going to be sympathetic to him, where’s the sympathy for people like Cory Maye or Ryan Frederick?

    Why should we assume good intentions when a cop with training, wide awake and conscious, with other cops all around him makes a mistake that ends with a fatality, but assume the worst when a civilian is awoken by the sound of police breaking into his home, and in the heat of the moment, fires a gun after mistaking them for criminal intruders?

    Seems to me you can’t simultaneously argue that trained police officers should be forgiven for nervous mistakes made in the heat of the moment, but ordinary people should be expected to show impeccable judgment and restraint, even under unimaginably volatile and confrontational circumstances.
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    The government is afraid of angry mobs of black people, just as they were in 1992, after the L.A.P.D. officer were acquitted in the Rodney King case. This fellow will go to prison to satisfy the illiterate, unwashed mob.

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    The video looked to me as if the guy pulled the gun, handled it wrong and the gun went off. It's manslaughter, not murder. As for the ignorenti who thing a riot is the answer for every event, next time trash your own homes and cars.
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    Hundreds rioted on the streets of downtown Oakland yesterday after white former police officer Johannes Mehserle was convicted of involuntary manslaughter for the fatal shooting of Oscar Grant, an unarmed black man, on a train platform.
    The involuntary manslaughter charge comes with a maximum sentence of four years in prison. Many in the Oakland area expected a much harsher conviction for Mehserle. He could have been found guilty for voluntary manslaughter or second-degree murder, but the jury found him criminally negligent.
    Rioters broke the windows of a downtown Foot Locker and various other stores. There were around 50 arrests and the tally was climbing as the night came to a close.


    The demonstrators were angry that a Los Angeles County jury found former Bay Area Rapid Transit Officer Johannes Mehserle guilty of involuntary manslaughter in a racially charged shooting instead of on a more severe second-degree murder charge.

    The crowd had been largely peaceful in the hours after the verdict was announced. But trouble erupted about 8:30 p.m. when police declared an unlawful assembly and ordered the crowd to disperse. At one point several hundred people had gathered.
    Oakland councilwomen Rebecca Kaplan and Jean Quan marched up Broadway arm-in-arm with other demonstrators in front of a large contingent of police.

    "We're very grateful for everyone who has spoken for justice peacefully," Kaplan said.

    "Some people have thrown things. That is not the right way to react. I'm hoping they will not escalate. I've asked police to behave accordingly."

    Shortly after 9 p.m., police herded much of the crowd around 17th Street. One officer lobbed a flash-bang device into the street to disperse the crowd after another officer was hit in the head with a bottle.

    Police far outnumbered protesters by late evening, and those arrested were immediately hauled away.

    By 11 p.m., the heart of downtown was a mess. A Foot Locker was smashed after looters took off with shoes and bags of athletic gear. People shoved trash cans in the street and set rubbish on fire.

    Hours before, Oakland seemed to be heading off a repeat of the vandalism and violence that broke out after Mehserle shot Oscar Grant III to death on New Year's Day 2009.
    Tony Coleman, with the Oakland General Assembly for Justice for Oscar Grant, took to the small stage at 14th Street and Broadway and derided the verdict: "We want some more justice," he cried, urging onlookers to gather next week to plan further action. "We ain't satisfied."

    A woman who introduced herself as Sister Jerry invoked the names of black activists Marcus Garvey and Fannie Lou Hamer and said she came to the demonstration and grabbed the microphone to show her love for Grant's family and her outrage at the system.

    "I want to say to the youth, I want to say to our people, that when I heard the verdict, I couldn't contain myself," she called out. "But I got to do it, 'cause my children and grandchildren are watching."

    Oscar Grant's grandfather, Oscar Grant Sr., a 64-year-old veteran from Hayward, begged the demonstrators to "keep the peace and honor my grandson."

    "I know what went down today was wrong," he said. "But please don't tear up the Bay Area. We live here. In 1965, they tore up Watts in L.A. Watts is still tore down. I don't want my home like that."
    George Holland Sr., president of the National Assn. for the Advancement of Colored People's Oakland branch, was the rare voice in support of the verdict.

    Standing in the crowd, surrounded by television cameras, he said that, as a lawyer, "I recognize you can't always get what you want.

    "I know what could have happened," he continued. "Not guilty would have been worse. I think [Mehserle] ought to go to jail. But we got a verdict."
    Stevie Merino, 22, of Long Beach, an organizer with the ANSWER Coalition, a social justice organization, said, "Involuntary manslaughter is basically just a slap on the wrist [for the former transit officer], but it's a slap in the face to Oscar Grant's family, his daughter and his girlfriend."

    Some speakers drew parallels between the Grant case and the Rodney King beating, venting frustration about racial profiling and the lack of police response and media attention to violent crime in South Los Angeles.

    "Officer Mehserle — guilty, guilty!," the crowd chanted. "The whole damn system is — guilty, guilty."

    Not everyone at the park was outraged, however.

    Nathaniel Cross, 67, of Los Angeles, said he was glad the officer wasn't acquitted, but he said he didn't believe the shooting was murder.

    "I'm glad he didn't walk, didn't get off scot-free," he said. "The guy made a hell of a mistake and cost someone their life, but it had to be a mistake."
    http://www.latimes.com/news/local/la...0,829868.story
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    So...these mongrels riot even when the fellow is convicted? I suppose it is better than going to work, eh?
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    I really think is was murder in a certain sense. But not pre-meditated. I don't even think the guy shoud have had his tazer out. Too much bravado. And I don't like bart. I avoid it if I can and My hubs wouldn't want me riding alone.
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  39. #25
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    LOS ANGELES — A judge sentenced a white former transit officer to two years in prison Friday in the shooting death of an unarmed black man on a California train platform, angering friends and family members of the victim who wanted a much harsher punishment. http://www.msnbc.msn.com/id/40031882...me_and_courts/

    Why is there 3 diffrent threads on this story????
    Last edited by Hellsbells; November 5th, 2010 at 08:27 PM.

  40. #26
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    Two years is some serious bullshit.
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  41. #27
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    Quote Originally Posted by Athena View Post
    I see you were alarmed by the same sentence! Christ... If that's the case, tasers pose a bigger threat than the one most taser opponents focus on - that they occasionally shock people to death. I'm not all that familiar with police-issued tasers, but wouldn't you think they'd create grips that are easily differentiated from the gun?

    You know, I haven't seen the tape, nor am I able to from work. However, I can't imagine many situations that would justify shooting a man laying face down. In that position, you'd think a cop could afford to wait to see the weapon before shooting.

    That said, the black community isn't doing themselves any favors by responding to criminal injustice with criminal behavior.
    Anyone with the smallest experience with firearms knows a gun from a taser when they pull it. Tasers weigh 1/8th what a 9mm weighs. The feel is totally different, when you aim you know. Policemen know their gun better than their dick. I just can't believe he accidentally fired his taser.

    Grant's family has filed a $25 million wrongful death claim against BART and want prosecutors to file criminal charges against Mehserle.
    Good luck with that, CA is BROKE!

  42. #28
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    Quote Originally Posted by TheMorningStar View Post
    Two years is some serious bullshit.

    I agree. He should have been given probation.
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  43. #29
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    Traffic Cop Found Guilty Of Manslaughter For Shooting Man He Says He Meant To Tase

    LOS ANGELES — A white former transit officer was convicted of involuntary manslaughter Thursday in the videotaped shooting death of an unarmed black man on an Oakland train platform in a 2009 encounter that set off days of rioting in the city.

    Prosecutors had wanted Johannes Mehserle convicted of murdering 22-year-old Oscar Grant, who was shot as he lay face-down.

    Grant's mother, Wanda Johnson, stared at jurors and appeared upset then later denounced the verdict outside the courthouse.

    "My son was murdered! He was murdered! He was murdered," she said.

    Earlier in court, Mehserle was placed in handcuffs and taken away after the verdict, which included a finding that he personally used a handgun. He turned to his family and mouthed, "I love you, guys." His parents wept when the verdict was read.

    One woman juror wiped tears with a tissue when the panel was polled on its decision.

    On the east side of San Francisco Bay, police in riot gear were deployed on the streets of Oakland.

    About 400 people marched past businesses that had boarded up windows as a precaution. At one point, they stood face-to-face with a line of police.

    A crowd near City Hall moaned and cursed when they heard the verdict. A dozen people gathered in a semicircle to pray.

    "It's not real, it's not real. Where's the justice? He was killed in cold blood," said Amber Royal, 23, of Oakland.

    Grant family attorney John Burris said the family was "extremely disappointed" with the verdict.

    "This verdict is not a true representation of what happened to Oscar Grant and what happened to him that night. This was not an involuntary manslaughter case," Burris said.

    [...]
    The jury had a choice between murder and lesser charges of voluntary and involuntary manslaughter. The jury found that Mehserle didn't mean to kill Grant, but that his behavior was still so negligent that it was criminal.

    Involuntary manslaughter carries a sentence of two to four years. The finding on use of a gun could be used to add as much as 10 years to a prison sentence. The next hearing was set for Aug. 6.

    The jury included eight women and four men. None listed their race as black. Seven said they were white, three were Latino, and one was Asian-Pacific. One declined to state their race. They left the courthouse under tight security.

    "As we have come to notice, and we as a family has been slapped in the face by a system that has denied us a right to true justice," said Cephus Johnson, Grant's uncle. "We truly do not blame the jury, but we blame the system."

    At least five bystanders videotaped the New Year's Day incident in what was among the most racially polarizing cases in California since four Los Angeles officers were acquitted in 1992 in the beating of Rodney King.

    The trial was moved from Alameda County to Los Angeles because of racial tension and extensive media coverage.

    Alameda County District Attorney Nance E. O'Malley said in a statement that while the jury did not agree with the prosecution's belief that it was murder, the panel also rejected the defense contention that Mehserle had no criminal liability.

    "The case is a tragedy in every respect. Oscar Grant should never have been killed at the hands of a sworn officer," O'Malley said.

    The case was a rare instance in which a police officer stood trial for an on-duty killing and that was captured on video from so many different angles.

    Legal experts said the verdict shows the jury sympathized with Mehserle's version of events.

    "It is legally as low as they could go without acquitting him," University of California, Berkeley, law school professor Erin Murphy said. Prosecutors had a "huge hurdle" to overcome in convincing a jury that an officer with a spotless record meant to kill, even with video of the killing, she said.

    "I think it's a lesson that video can only get us so far," Murphy said.

    Santa Clara University law school professor Edward Steinman added that jurors probably believed Mehserle's story that he made a mistake.

    The verdict followed a three-week trial in which prosecutors played videos by bystanders, and witnesses recounted hearing the frightening gunshot that killed Grant.

    Mehserle, 28, testified that he struggled with Grant and saw him digging in his pocket as officers responded to reports of a fight at a train station. Fearing Grant may have a weapon, Mehserle said he decided to shock Grant with his Taser but pulled his .40-caliber handgun instead.

    Alameda County Deputy District Attorney David Stein said in his closing argument that Mehserle let his emotions get the better of him and intended to shoot Grant with the handgun without justification.

    One of Grant's friends, Jackie Bryson, testified that Mehserle said "(expletive) this" before firing the fatal shot.

    Defense attorney Michael Rains contended the shooting was a tragic accident. Mehserle had no motive to shoot Grant, even though he was resisting arrest, the lawyer argued.

    Rains also said Mehserle told a colleague before the shooting: "Tony, Tony, Tony, I can't get his hands. I'm going to tase him."

    Mehserle pleaded not guilty to murder and resigned from the Bay Area Rapid Transit agency after the shooting.

    Fallout from the shooting was swift in Oakland after the videos were shown on television and the Internet. The shooting and the nearly two weeks it took to arrest Mehserle sent the city into a tailspin of violence as downtown businesses were damaged, cars were set ablaze and clashes erupted between protesters and police.

    Grant had recently been released from jail after being sentenced to 16 months for a gun possession charge filed after he ran from police and was subdued by an officer with a stun gun.

    Grant has become a martyr of sorts in a city where more than a third of residents are black. His omnipresent image on buildings and storefront windows arguably rivals that of slain hometown rapper Tupac Shakur.

    Grant's family and friends filed multimillion dollar lawsuits against the transit agency. Only the mother of Grant's daughter has reached a settlement.
    http://www.gadailynews.com/news/nati...t-to-tase.html

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  45. #30
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    Johannes Mehserle recently appealed his conviction because he wants to get back into police work. Personally I think he is lucky he got away with what he did and he should have just thanked his lucky stars and faded into oblivion. I know I sure wouldn't feel safe knowing he was on any police force, if he could mistakenly draw is weapon instead of his taser, which I think is a ridiculous excuse, but I would disagree, anyone with his training that would make a mistake like that would be negligent.

    .BART police Officer Johannes Mehserle made a "colossal and tragic and horrible error" in mistaking his gun for a Taser but did not act with the criminal negligence required for manslaughter, Mehserle's lawyer told a state appeals court Wednesday in challenging his conviction for fatally shooting unarmed passenger Oscar Grant.

    "Police officers are fallible," attorney Dylan Schaffer told the First District Court of Appeal in San Francisco. "We cannot put them at the risk of prosecution for just making policing errors."



    Read more: http://www.sfgate.com/cgi-bin/articl...#ixzz1xAV7ry3l
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