posted on Jan, 30 2009 @ 08:19 PM
The second the initial shooting became public news, a major television network had a former police officer as a guest commentator. He indicated that
they might try this as a legal defense and he proceeded to explain why it would not work.
A Taser has a completely different feel than a gun. It has a different style holster, a very different weight and balance, and a different triggering
mechanism. Tasers have bright yellow markings on the side to provide an instant visual weapons check for the officer. When the safety of a Taser is
disengaged, a laser spot sight turns on and this would have immediately been visible to the BART officer. A laser spot is not something found on a
typical BART service handgun(Sig Sauer 40 cal.). Hold a Taser in your hand and you will never mistake one for the other. Taser are specifically
designed with that in mind to prevent such a situation. The training officers go through before they are allowed to be armed with a Tazer, has
specific items that are designed to prevent this type of accidental shooting to happen. A Taser is worn on your non gun side of the body so you have
to reach with your non typical weapon hand.
I this photo, you can clearly see that the officer in question was not even wearing a Taser or its
holster.
Photo shows BART Officer was not
equipt with a Taser
If you scroll down on that link, you will also see how different the style of Tasers used by BART is from a Sig Sauer 40 cal.
Comparison Photo of a Sig Sauer 40 cal.
handgun, typical for BART officers
The News expert also went through the shooting videos step by step. The Bart officer who did the shooting pulled his service revolver and did not
shoot instantly, He held it in his hands and paused. he had plenty of time to realize that he was holding a much heavier gun and not a Taser. It was
not at all a rapid fire situation and in the former police officers expert opinion, there is no way anyone from a Bart officer to an inexperienced man
on the street, would not have known the difference before pulling the trigger. He also comented on the reaction afterwards, where the Bart officer was
not at all surprised with the bang of the gun as it went off.
With the new Photograph and information that the BART officer was not even carrying a Taser, this should be a slam dunk case.
My guess, is that while they are desperately trying to come up with some way to get him off, the shooter will do hard time for killing the victim and
the family will receive a large settlement for wrongful death.
[edit on 30/1/09 by Terapin]
[edit on 30/1/09 by Terapin]