Behind murder charge against ex-BART officer

Behind murder charge against ex-BART officer

www.sfgate.com

The conclusion by Oakland police 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.

(visit the link for the full news article)



Related AboveTopSecret.com Discussion Threads:
Cop Shoots Apparently Helpless Man In The Back (Update: Officer quits to avoid IA questions)

Check the link below for the ATS thread covers the incident.

Here is a breakdown of the events:

January 1: Shooting takes place at Fruitvale BART station in Oakland.

January 7: Officer Mehserle resigns his position, does not ever speak with Internal Affairs and remains silent on the incident.

January 14: Mehserle arrested in Lake Tahoe area and charged with murder.

This case has sparked two protests and nearly two riots. Video evidence leads me to believe that this man is guilty of murder. I hope this thread doesn't turn into a "cops are good/bad" thread, as that is not the point. This particular cop made a huge mistake and deserves to be punished.

That being said, there is still no guarantee he will be convicted of the charges. This hits close to home, as the Fruitvale BART station is one stop away from my "home" station. Bay Area police have been known to do some shady things and I would like to see an example made out of Mehserle. These abuses have got to stop.

If this guy gets off with a slap on the wrist, I believe that Oakland will be set ablaze, for better or worse. I do not advocate this type of "protest", in fact I am against it. But I won't be surprised or too angry if it does.




www.sfgate.com
(visit the link for the full news article)

I've seen 2 different videos taken. I don't think he should be charged with murder. Due to his reaction and facial expression after the shot rang out, I believe it to be an accident. Mehserle looked up at the officer after it had happened and stared for a few seconds. To me that is an expression of disbelief. It's as if he was saying, without speaking, "Oh lord, did that really just happen?"

That being said, he should be charged with involuntary manslaughter. The man was a FOOL to have taken his sidearm out when dealing with these cooperative "suspects". He was an even bigger fool for having his hand on the trigger. Both military and police are trained to have their "trigger finger" on the side of the firearm along the trigger until ready to fire.

All in all this man was a FOOL. I don't think he deserves a harsh punishment such as murder. However, he does deserve punishment for being a mindless jackass when it comes to handling his weapon. His incompetence led to the loss of another man's life. For this, he should be sentenced the max the court will allow for manslaughter.

There is no way the cop will be found not guilty and set free, For the reason that there would be mass rioting, Look at rodney king and what that set off, and he was only beat, This victom was shot at close range in the back and killed, If not for that, then to prevent rioting this cop will be sent away. Im 100% sure that he will do time, and if not, then prepare for some bright nights because cities will burn.

wow so because its a cop it shouldn't be murder thats outrageous!!

he shot an unarmed man IN THE BACK!!! thats murder plain and simple.

[edit on 15-1-2009 by FightLies]

Personally, I hope he gets charged and convicted of Murder, then sent to jail for good...throw the book at him. The simple fact that the 'suspects' were cooperating, the guy was on the ground, one cop at his head another at his feet and the Mershele idiot standing up.

He might have been surprised about the shot, but he deliberately took out his sidearm at an unarmed man. The guy was cooperating, so what would give them any reason to want to 'Taser' as that was the reasoning they gave. That he confused his Taser to his gun...what kind of Fully Retarded training do they give them, that teaches them to keep their sidearm next to their taser?

If he doesn't get charged, convicted...those in the Bay Area, prepare yourselves, it'll be one hell of a riot and it'll escalate, quickly I'm sure.

Originally posted by FightLies
wow so because its a cop it shouldn't be murder

thats outrageous!!

he shot an unarmed man IN THE BACK!!! thats murder plain and simple.

[edit on 15-1-2009 by FightLies]

No. People are saying that maybe it shouldn't be murder because it looks to be an accident. Try reading the posts above yours. Manslaughter yes, murder, maybe not.

reply to post by Sliick


He murdered somebody. You don't just accidentally point your gun at something that you don't want to die.

If any one of us would have done the same thing it'd be 20-30 years in the clink for murder, no questions asked. Just because this officer was in a position of power should not exempt him from the consequences of his actions. I am very thrilled that an officer is finally being tried like the rest of us!

Originally posted by shadowwolf47

Originally posted by FightLies
wow so because its a cop it shouldn't be murder

thats outrageous!!

he shot an unarmed man IN THE BACK!!! thats murder plain and simple.

[edit on 15-1-2009 by FightLies]

No. People are saying that maybe it shouldn't be murder because it looks to be an accident. Try reading the posts above yours. Manslaughter yes, murder, maybe not.

I did read the post and the ONLY REASON they are saying its a accident is because he is a cop. If that was anybody but a cop they would tar and feather him (i know figure of speech). UNARMED MAN SHOT IN BACK WHAT DONT YOU GET ABOUT THAT?

oh and....

Main Entry: 1mur·der
Pronunciation: \ˈmər-dər\
Function: noun
Etymology: partly from Middle English murther, from Old English morthor; partly from Middle English murdre, from Anglo-French, of Germanic origin; akin to Old English morthor; akin to Old High German mord murder, Latin mort-, mors death, mori to die, mortuus dead, Greek brotos mortal
Date: before 12th century
1: the crime of unlawfully killing a person especially with malice aforethought
2 a: something very difficult or dangerous b: something outrageous or blameworthy

sounds like what he did to me

It seems that he was shaken by killing the guy and even went beserk to the point of acting like it was the victim's fault. I dont think he preplanned to kill him so not Murder 1 and yet it wasnt a pure accident like his gun fell out of the holster and discharged killing him, ergo not Involuntary Manslaughter. I think that he will be charged with Murder in the 2nd degree and might try to plead guilty to Voluntary Manslaughter for a lesser sentence. However, given the ethnicity and the publicity of the situation, unless he is in solitary, any lengthy sentence could prove to be a death sentence.

One note I'd like to add is that the taser is on the left side of the officer's belt, while the pistol is on the right. The intent of the officer was definitely to pull out his gun.

The reaction/look on Mehserle's face/body was definitely one of shock. However, one cannot be sure if it is:

"Oh my god, how did the gun go off? I swear my finger wasn't on the trigger..."

or

"Holy crap, why did I shoot this man...."

The sound of the gunshot can be a shock to one that wasn't expecting it, but it can also be a sobering moment for someone blinded by whatever emotion it is that causes one to kill another.

reply to post by k-string


He may have mistaken his firearm for his taser. It does appear that he was very surprised by the outcome. This would not be the first death because an officer was reaching for their taser and instead discharged their firearm. There have been several.

These taser need to be done away with.

reply to post by kawz1


I hear ya! Why would you pull out any weapon on an unarmed man who was cooperating? Whether it be a gun, a night stick, Mace or a taser. Officers think that if they have those weapons then it's OK to use them. It's not OK and the BART officer needs to realize that while he's in a jail cell.

Why is it that we go straight to jail whether we're innocent or guilty but these cops don't. We the people have lost our control over the government & it's employees and we need to get it back. Let's just not go to their level of a criminal, let's do it the right way. Justice will prevail and it's because of those videos. People! Have your video phones and camera's ready at all times. This is one way of not letting these officers get away with murder.

reply to post by harvib


Well, it is irrelevant because the victim was pinned by two officers lying on the ground and cooperating. There was no need to use any kind of force. The victim wasn't even mouthing off to the transit officers. In fact, he was pleading to them not to hurt him, "I have a eight year old daughter."

------------------------------------------------------------------------------------------------------------------------------
If this officer doesn't get sent to prison for murder cities throughout America will burn, not just SF/Oakland. The only way to end this kind of BS by power hungry police is to fight back. Through brutal, unflinching, barbaric violence....whatever it takes. The courts don't work in the peoples favor when it comes to cops. Those men that beat King should have gone to prison also, but they didn't. Screw the courts. When the police learn to respect the people, the people won't have to worry about getting killed by the police.

To protect and serve, themselves.




F--- the cops!

[edit on 15/1/09 by Pfeil]

Originally posted by harvib
reply to post by k-string

 

He may have mistaken his firearm for his taser. It does appear that he was very surprised by the outcome. This would not be the first death because an officer was reaching for their taser and instead discharged their firearm. There have been several.

These taser need to be done away with.

Once again, the taser is kept in a separate area of the officer's belt from their firearm:

Burris and BART police Chief Gary Gee have said the facts remain unclear whether Mehserle had been carrying a Taser that day.

BART police began training to use Tasers about three months ago, BART spokesman Linton Johnson said.

The department does not have enough of the stun guns to equip every officer with one, Gee said. When officers do carry Tasers, he added, they are kept on a separate part of their belts from their service pistols.

*Emphasis added by me*
Was BART cop reaching for Taser?

My point is the people are asking this officer to be sent to the slaughter. And maybe he deserves to maybe he doesn't. However there may be a more important issue that people are failing to address.

At first I thought this story was a cut and dry black and white case and it still may be.

But after much thought I have wondered if this is not some sort of MK Ultra sort of thing done in a way to appease or set off the masses.


To explain what if this cop was somehow controlled to do this to be set up so that people would regain some sort of faith in the justice system when he gets put away. I have no doubt he will be made an example of when it is said and done.

Or what if the same thing was done only to start mass rioting so that some form of martial law could be put into place.


Again this could be a black and white case and if so the cop is guilty here I have no doubt about it. I normally defend their actions but in this case there is no defense that could really work, the actions were too far in left field. But I sort of wonder about the ideas I just explained. Maybe it is my CT mind that is over active and thinks there is a darker side to just an evil act.

Raist

Originally posted by Sliick
I've seen 2 different videos taken. I don't think he should be charged with murder. Due to his reaction and facial expression after the shot rang out, I believe it to be an accident.

Murder is Murder is Murder.


I don't care how remorseful the guy was and how soon after it was...

The guy shot and killed this guy at point blank range. If he were an ordinary citizen then MAYBE that would be an accident.

This guy however is a TRAINED LAW ENFORCEMENT OFFICER.

Murder... anyway you slice it.

I am willing to bet that the officers gun was a Glock they have no real safety and there have been many incidents of cops dropping them and having them go off as they were picked up.

Most guns you have two actions that have to be done to fire the gun.
first you have to release the safety and then pull the trigger.

With a glock you release the safety by pulling the trigger and this fire the weapon

The other problem the Glock handguns is made of polymer.
so is the tazer. they feel the same.

I also believe that if the officer had a metal frame hand gun that had the weight of a normal gun he would have automaticly known he had his gun in his hand and not the tazer.

This is not the first time this has happened with a Glock being mistaken for a tazer i have heard of about 8 cases over the years.
and it is always a Glock and not some other type handgun.

www.policelink.com... necom
www.jrrobertssecurity.com...
policechiefmagazine.org...

i hope there is a large lawsuit over this as it is a big problem.



[edit on 15-1-2009 by ANNED]

Ok who cares if it was a tazer he was going for? why do I ask because you can still kill someone with a taser.

Also if you dont know your gun from your taser your in the wrong job!!!!!

why exactly did he need to pull out a gun/taser again..... oh thats right he DIDNT!!!!!

the taser argument has no standing if you ask me