Napa man charged with murder in BART shooting
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Johannes Mehserle, right, appears in the East Fork Justice Court on Wednesday in Minden, Nev. Mehserle, a 2000 graduate of New Technology High School in Napa is being held on charges related to the New Year's day shooting of an unarmed man on an Oakland BART platform. Mehserle, 27, waived extradition to California early Wednesday during a brief court appearance in Minden, Nev., and was being held without baili on a warrant charging homicide. Douglas County Sheriff's Deputy Ron Mills is at left. (AP Photo/Cathleen Allison) |
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Johannes Mehserle, right, talks with his attorney Christopher Miller in the East Fork Justice Court on Wednesday in Minden, Nev. Mehserle, a 2006 graduate of the Napa Valley College Police Academy, is being held on charges related to the New Year's day shooting of an unarmed man on a BART platform. Mehserle, 27, waived extradition to California early Wednesday during a brief court appearance in Minden and was being held without bail on a warrant charging homicide. Douglas County Sheriff's Deputy Ron Mills is at left. (AP Photo/Cathleen Allison) |
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This is Tuesday night's booking photo provided by the Douglas County Sheriff's Office of Johannes Mehserle taken in Minden, Nev. Mehserle, a former BART transit police officer accused of killing an unarmed black man on an Oakland train platform, has been arrested in Nevada on a warrant charging homicide, 12 days after the shooting that sparked violent street protests. Mehserle attended high school and community college in Napa. (AP Photo/Douglas County Sheriff) |
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Johannes Mehserle, right, appears in the East Fork Justice Court Wednesday in Minden, Nev. Mehserle, who grew up in Napa, is being held on charges related to the New Year's day shooting of an unarmed man on an Oakland BART platform. Mehserle, 27, waived extradition to California early Wednesday during a brief court appearance in Minden and was being held without bail on a warrant charging homicide. Douglas County Sheriff's Deputy Ron Mills is at left. (AP Photo/Cathleen Allison) |
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Former New Tech grad arrested in Nevada; DA calls it “an unlawful killing done by an intentional act.”
By TERRY COLLINS
Associated Press
November 20th, 2009
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OAKLAND — A former transit police officer has been charged with murder in the fatal shooting of an unarmed and allegedly restrained black man in a racially charged case that has outraged residents and community leaders and set off violent protests.
Newly released court documents allege that Johannes Mehserle, who was charged Tuesday, shot 22-year-old Oscar Grant while Grant had his hands behind his back and another officer was kneeling on his neck.
Mehserle is a 2000 graduate of New Technology High School in Napa and a 2006 graduate of the Napa Valley College Police Academy.
Alameda County District Attorney Tom Orloff made the rare decision to file a murder charge against a police officer for an on-duty incident.
“At this point, what I feel the evidence indicates, is an unlawful killing done by an intentional act and from the evidence we have there’s nothing that would mitigate that to something lower than a murder,” Orloff said at a news conference. He said he would not speculate on whether the charge would end up being first-degree murder or second-degree murder.
Witnesses said Grant was lying face down on a train platform at a station in Oakland when the 27-year-old white officer shot him in the back. Grant and others had been pulled off a train after reports of fighting, as New Year’s Eve revelers were shuttling home after midnight.
Allegations that Grant’s hands were behind his back and another officer was kneeling on him were contained in an Oakland police officer’s request to issue an arrest warrant. It said it appeared from cell phone video that “Mehserle shot and killed Oscar Grant while Grant was restrained and unarmed.”
The shooting, captured on cell phone cameras and widely viewed on the Internet, has inflamed long-running tensions in Oakland between law enforcement authorities and many African-American residents.
Hundreds of people have taken to the streets calling for the prosecution of Mehserle, with one rally last week spiraling into violence that resulted in more than 100 arrests and damage to dozens of businesses. Hundred more protesters gathered Wednesday outside Oakland City Hall.
Mehserle surrendered without incident Tuesday at a family friend’s house in an upscale neighborhood on the east shore of Lake Tahoe in Douglas County, Nev., law enforcement officials said.
During a brief court appearance in Minden, Nev., on Wednesday, he waived extradition and was returned to California to face charges. His lawyer, Christopher Miller, said his client had been in Nevada for a few days to get away from the pressures of what was happening in the Bay Area, and there was no effort to avoid arrest.
“As you are all aware there were some death threats, significant death threats, made against him and his family,” he said.
Mehserle could be arraigned as early as Thursday, Miller said.
“As this case moves forward through the justice system and all of the circumstances of that chaotic night become clear, I fully expect Mr. Mehserle will be cleared of the charges against him,” Miller said. He called Mehserle “a fine officer with an excellent work history” who had been on the force about two years.
John Burris, the attorney for Grant’s family, said the news of the charge was “terrific.”
“It is consistent with the evidence I have seen. I think the family will be pleased,” Burris said.
Michael Rains, a former police officer who has represented cops as a lawyer since 1979, called such a charge “extremely rare.” Rains said he knows of no similar prosecutions in Northern California in the 45 years he has been either a police officer or a lawyer.
Rains said that convicting a police officer of murder for firing a weapon while on duty could prove difficult. He said there are many laws and Supreme Court cases to “discourage second-guessing and hindsighting of their actions.” Rains also said that juries typically view police officers favorably.
“Police officers usually have a leg up in the jury box going to trial,” Rains said.
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Dirty Napkin wrote on Jan 14, 2009 5:59 AM:
VERUM wrote on Jan 14, 2009 7:27 AM:
VERUM wrote on Jan 14, 2009 7:31 AM:
y2kcbr wrote on Jan 14, 2009 8:24 AM:
Good luck in court and I wish the Grant family all the best in these trying times.
On a side note, let's hope this squashes the protest/demonstration tonight in Oakland. However I have a sneaking suspicion that people will still go out and expect over 1000 people. "
concerned wrote on Jan 14, 2009 9:09 AM:
• Unlawful killings without malice or intent are considered manslaughter.
• Justified or accidental killings are considered homicides. Depending on the circumstances, these may or may not be considered criminal offenses. "
proudmama2 wrote on Jan 14, 2009 9:25 AM:
Did the deceased pull a weapon or make a threatening gesture that was believed to be a threat to the officer prior to his being shot?
Just wondering. "
napathoughts wrote on Jan 14, 2009 9:30 AM:
Fleeing the state? Are you kidding me? He has a right (innocent until proven guilty) to protect himself and his immediate family. Maybe he thought Nevada had a no-extradition policy with California. Great, every criminal can flee to Nevada if you think like the CAPE founders. I guess every religion, person or race has some card to call on. Some just use it more than others.
A murder charge? A ploy to stop the RIOT's in Oakland. What kind of community would do these things to their own neighbors?
He will plea out to some form of man-slaughter and gets 3 years. IT WAS AN ACCIDENT.
I don’t have the stats in front of me, but to create a group like CAPE is beyond me? How many police executions were committed in Oaktown last year?
Now the real question is how many same race murders were committed in Oaktown last year? I am sure that statistic DWARFS the number of executions by police officers.
If there is a group named SIM (Stop Interracial Murders) in Oakland I will for sure send my money to this group before I donate to CAPE. "
Native74 wrote on Jan 14, 2009 9:44 AM:
Good grief. The video I've seen doesn't show much and I bet there's more to the story here. I thought I read something about the guy resisting hand cuffs and reaching under his stomach? I'm not saying the officer didn't screw up, but come on here! It's Oakland where cops and innocent people get shot all the time! The rowdy new years onlookers weren't helping the scene either.
I just hope he gets a fair trial and isn't thrown to the wolves to assuage angry protestors. I feel for both families here, but I fear the officer is going to be used as an example for Oakland with all the politicians/media involved. "
JimClark wrote on Jan 14, 2009 10:36 AM:
tiredofcomplainingnapkins wrote on Jan 14, 2009 10:40 AM:
Hear Ye wrote on Jan 14, 2009 10:49 AM:
That's not true. There is two degrees of murder. "
napathoughts wrote on Jan 14, 2009 10:57 AM:
Paddy wrote on Jan 14, 2009 11:23 AM:
napadad wrote on Jan 14, 2009 11:26 AM:
wipemedown wrote on Jan 14, 2009 11:44 AM:
mytwocents wrote on Jan 14, 2009 11:50 AM:
napasfinest wrote on Jan 14, 2009 12:00 PM:
toobuff wrote on Jan 14, 2009 12:54 PM:
108923 wrote on Jan 14, 2009 1:21 PM:
kracker wrote on Jan 14, 2009 1:57 PM:
Marinemom wrote on Jan 14, 2009 2:07 PM:
Marinemom wrote on Jan 14, 2009 2:32 PM:
I find it interesting the Register staff have not printed any of my other comments in defense of this peace officer. He CANNOT talk yet...get over it. "
Native74 wrote on Jan 14, 2009 3:36 PM:
mykdgirl54 wrote on Jan 14, 2009 4:19 PM:
Furthermore what did the tax paying, law abiding, business owners of downtown oakland do to deserve the financial loss due to the distruction in the riots?!
My heart goes out to both families - the officers and the young man who was killed. What I hope people understand most is finding out questions like, "why" or "how" will not bring peace. There are no winners in a situation such as that on new years day. "
mypoint wrote on Jan 14, 2009 4:37 PM:
Free Johannes Mehserle! "
ThisIsStillAmericaRight? wrote on Jan 14, 2009 4:49 PM:
It's just like the big show media to blow this way out of proportion and printing/reporting very INCORRECT misleading information which is a HUGE part of why there was rioting in the first place all of them stated Oscar Grant was cuffed and complying with officers when shot NOT TRUE any one with eyes and open minded enough to watch all four clips with four different points of view can see he was resisting arrest when put face down and they tried to cuff him he looked to be reaching in front of himself when they attempted to do so he wasn't cuffed nor were his hands restrained completely until after he was shot! Channel 2 was the only one who reported a retraction and showed still frames of his hands at his sides not complying/resisting the officers during the pat down and cuffing process keep in mind BART cops use flex cuffs which are a big glorified zip tie a lot harder to use and much more of a arduous task to apply without not only another officer holding both the persons arms in place and two hands free to do so. "
napablogger wrote on Jan 14, 2009 5:09 PM:
The Oakland authorities are playing to the mob mentality and that is really wrong.
I think Napa should come out to support one of their own who most likely was just trying to do his job in a violent and chaotic situation.
Somebody get a rally together, lets blast Dellums and the other race baiters who are trying and convicting this guy before they even know the facts. Napa ought to show they support one of their own.
This is racism--black racism against whites! "
jimarmy11 wrote on Jan 14, 2009 5:26 PM:
VERUM wrote on Jan 14, 2009 6:29 PM:
Old Time Napkin wrote on Jan 14, 2009 6:55 PM:
Oakland is a cesspool and the rioters and demonstraters are just looking for a reason to cause trouble. There's murders there every day and you don't see anyone protesting about it. It's just business as usual until a police officer is involved. I hope this poor kid is segregated in the jail or he won't leave there alive. "
ThisIsStillAmericaRight? wrote on Jan 14, 2009 6:58 PM:
If this was really a intentional killing wouldn't the officer have shot him in the head not the butt/small of the back or discharged his weapon multiple times to do so if that were the case?!?
The coroner report said that he wouldn't have been mortally wounded if it wasn't for the single bullet that was fired ricocheting off the cement and into his lungs!!!
This is a total double standard sheep I mean people seem to think waiting for your day in court and not talking to a former employer that already dropped the ball and didn't take responsibility at all for doing so nor wanting to talk to the media who twists everything around - is some how a admission of guilt? I guess no one cares about that whole innocent till proven guilty part let alone waiting to hear two sides of a story! Even though Oscar Grants friends who were there haven't came forward and don't want to talk does that mean they are guilty of something?!?
Why was the first guy cuffed without a hitch by that officer and another ? If this officer was such a loose cannon like they make him out to be - why wasn't he the one shot if that was the case?
Point is there are more questions than answers really at this point why not wait to make up your mind till both sides are told people?
When did we start giving the benefit of the doubt to known criminals over law enforcement anyhow?!? "
imamonk wrote on Jan 14, 2009 7:08 PM:
A Bart cop ain't an easy job. There's Always "rif raf" going on near the stations. My wife and I missed the ferry and had to take the bus back to the Vallejo terminal and before leaving the El Cerrito station a bunch of teen aged kids came aboard and started a nasty fight with someone they were looking for. They scared the heck out of everyone. The cops came and they all jumped a fence and took off. I can imagine the stress that the job entailed. A tragic happening indeed ! "
wiseone wrote on Jan 14, 2009 7:23 PM:
1) To avoid further rioting;
2) To avoid being voted out of office; and
3) To be able to have the charge reduced to manslaughter to get a conviction.
From what I understand, if the DA had charged him with manslaughter, rioting and the DA's political demise would result. By charging him with murder, a charge they will not be able to prove, the judge can then offer the jury the option of lowering the charge to manslaughter.
I feel really bad for Mr. Mehrsele and both families. I detest mob rule and mob mentality.
To peacefully promote justice through protests is healthy for democracy. To try and convict someone without due process of law is lawless anarchy. "
109823 wrote on Jan 14, 2009 7:51 PM:
napathoughts wrote on Jan 14, 2009 8:38 PM:
Things happen! Get on with your life. It was an accident. Once a victim, always a victim! Having an unlimited supply of CARDS in your pocket does not justify disrupting other peoples’ lives.
Celebrate this man’s life. How many times did he break the law without an arrest? I am sure he had fun doing it. His last release from incarceration was 09/23/08. Maybe celebrate his life from that point on, I am sure he was going to move from Oaktown and be a productive part of society. Take solace in the fact that this big, ugly murderous cop will live in shame his whole life.
124 homicides in Oakland 2008, 118 in 2007, 145 in 2006. I cannot find where one COP was convicted of any of these. I will leave the guessing to you on how many of these were INTRAracial (within the same race) since no one is willing to publish these stats online.
WE HAVE MUCH BIGGER PROBLEMS then policing the stressed out police. Take a look within one’s self. "
Mr. Feasor wrote on Jan 14, 2009 8:48 PM:
I have done my best to abstain, but I guess I will weigh in now that we know what has been charged.
Yes, this is politically charged matter. But - given the information currently available to the public - homicide charges are not improper.
Murder is the unlawful killing of a human being with malice aforethought (Pen. Code 187(a)). "Such malice may be express or implied...It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart." (Pen. Code 188).
I think we can all agree that proving express malice would be difficult to show.
But under the presently available information, there are sufficient facts that support implied intent for murder. The videos show that either: (a) there was no apparent considerable provocation by the victim; and/or (b) pulling out a weapon with a chambered round and discharging it while pointed at a prone, restrained, individual evinces an abandoned and malignant heart (id.).
The entire story will be borne out through preliminary hearings and - if there is no plea bargain - jury trial. But the murder charges are supported by sufficient publicly-available facts.
So if this former officer committed the same act against a person of ANY race, the same charge would be proper. And I applaud Mr. Orloff for moving quickly on this matter, and alleging appropriate charges. "
kdbk wrote on Jan 14, 2009 8:55 PM:
How amazing that people like this would even bother doing such a job. Thank God some people are willing to do it. Then, as thier reward, they get to struggle with an impossible job every day and just watch things in the community get worse, including the scrutiny on them.
This WAS a terrible accident. No aspect or element of it suggests anything but. As a civilized society, the guy should probably do some time just to make things right with the Universe. But considering his job, out there risking his life for us every day, judgement should be merciful, but firm. HE'S SUPPOSED TO CARRY A GUN AND (yes, I am yelling) USE IT TO PROTECT US. IT STANDS TO REASON THAT IN THAT LINE OF WORK, A "BAD DAY" ON THE JOB COULD HAVE DRAMATIC RESULTS. This was a horrible accident.
5 to 7 years, if that. "
missdavis707 wrote on Jan 14, 2009 9:17 PM:
imaginethat wrote on Jan 14, 2009 9:29 PM:
amelia wrote on Jan 14, 2009 9:34 PM:
napathoughts wrote on Jan 14, 2009 9:51 PM:
Hopefully their education will not slip to a level where they: presume guilt before innocence, have hate in their heart based on the color of one's skin, ever want to live in Oaktown, Serve the community by taking one of the most stress-full jobs available and create havoc in others lives based on one persons MISTAKE (HAVOC = death threats and now a bomb threat).
Speaking of education? Thirty cops out on my street. Is Oaktown or BART Police paying this bill? Oh wait, never mind, take it out of Napa’s budget for next year. Even better, take it from our educational funds. Here is where I remind you that the Oakland school district has one of the worst records academically in our country. Hence, the rioting and destruction of their neighbors property. Education spending continues to be cut yet, we send 30 cops out to patrol a neighborhood where some idiot claims there is a bomb. "
Mr. Feasor wrote on Jan 15, 2009 12:13 AM:
napathoughts: education funds are not allocated to Napa PD or the sheriffs. The state, county, and municipal funding scheme does not allow for it. So let's not play the "why are my tax dollars being wasted" game. But we can agree that people issuing death threats and potentially lethal packages at the Mehserle family residence are idiots that must be investigated and charged accordingly. While I doubt that there were any explosives, that's not the point; it's still a criminal threat. But it's a far stretch to blame the educational districts within Alameda County for criminally-liable conduct of a police officer that was educated in Napa.
kdbk: even if there is no express intent to kill, a murder charge still applies under Penal Code sections 187 and 188. The currently-available information supports a charge (not a conviction, but a charge) for implied malice. Even if this was not an expressly-intended outcome, the former officer pulled out his weapon, aimed it at a prone - and unarmed - person, who was restrained by other officers. The currently-filed charges are properly pled under these circumstances.
Let's see how this pans out, but enough with the self-serving "IT WAS AN ACCIDENT" and "GO AFTER THE ONES THAT KILL EACHOTHER ANYWAYS" (all caps intended for emphasis).
It doesn't lead to the productive discussion that all of us NVR commentors strive for. "
vocal-de-local wrote on Jan 15, 2009 1:00 AM:
These boys who grew up to be men were, and still are, loved by their parents. It would just about destroy me to be Oscar's mother and know that my son was forever gone and that those eyes I had observed for 22 years would never again blink. Even if he was a troubled man, he was still loved by his family.
To observe my grown up son in a courtroom facing charges for a situation which was undoubtedly an accident would also destroy me as a mother. I saw the look of fear on Johannes' face in the NVR's video while he was in the courtroom. His parents must feel a total sense of helplessness.
What a tragic set of circumstances for both families. "
Bauhausfan wrote on Jan 15, 2009 6:10 AM:
It doesn't matter what the guy was doing before, when he was shot he was lying FACE down on the concrete and not moving. Hello! If it was someone you know you wouldn't be upset?
Really? "
Napa707Valley wrote on Jan 15, 2009 1:08 PM:
bmwchick wrote on Jan 15, 2009 2:31 PM:
109823 wrote on Jan 15, 2009 3:02 PM:
sophiesmom wrote on Jan 15, 2009 3:31 PM:
The victim was restrained..what was the possible purpose of firing that shot into his back..Perhaps terror on Mr. Mesehrle's part.It is sad that he was allowed to be an officer of the law and carry a gun..If that had not happened Oscar Grant would be alive today. And Mr. Mehserle would be going about his life as usual. "
ThisIsStillAmericaRight? wrote on Jan 15, 2009 4:35 PM:
CHANNEL 2 WAS ACTUALLY THE ONLY STATION TO GIVE A RETRACTION AND SHOW STILL FRAMES WHERE YOU CAN SEE CLEARLY HIS LEFT HAND WAS ON HIS SIDE REACHING INTO HIS WAIST/STOMACH AREA WHILE THE OFFICER WAS TRYING TO PAT HIM DOWN.
MY HEART GOES OUT TO HIS FAMILY FOR THEIR LOSS BUT THOSE POORLY CHOSEN ACTIONS RIGHT BEFORE HIS DEATH FORCED THIS OFFICERS HAND. "
cellsitegod wrote on Jan 16, 2009 5:27 AM:
Mehserle didn't intend to shoot this guy.
What happened probably doesn't even fall under involuntary manslaughter. There had to be some intent to kill or gross disregard.
BART police have a tough job dealing with all the low life punks and drug dealers riding BART.
In no way am I condoning Grants death but, There was a reason he was in that situation before he was shot and he created it.
If it were a black BART cop that shot him I know for a fact these people wouldn't be rioting and protesting.
These people just look for a reason to scream racism.
Well, I got news for them; We have a president that was able to get to the highest office in the land amid this so called "racism" .
It's time for these people to step up and take control of their own destiny instead of blaming others for their situation. "
cellsitegod wrote on Jan 16, 2009 5:32 AM:
He needs a good defense team to battle media/public influence.
Can anyone tell me if someone has set up a defense fund for him?
Please post it.
I want to contribute.
Maybe we can bring Mike Hamilton out of retirement to help out? "
108923 wrote on Jan 16, 2009 9:00 AM:
109823 wrote on Jan 16, 2009 10:27 AM:
deathgrip wrote on Jan 16, 2009 3:53 PM:
jeepracer10 wrote on Jan 19, 2009 7:35 AM:
rage against wrote on Jan 19, 2009 9:49 AM:
This man doesn't deserve to be free. When anybody shoots anyone and subsequently kills them there needs to be a trial and in most instances some kind of consequences. Although the riots and Oakland's high crime rate are significant issues they are not relevant to the fact (the only real one any of us who weren't there can ascribe to knowing) that a man shot another man and killed him.
Calling for the cop's freedom and abhorring actions none of us have any proof of (actions taken by the man who was shot) leads to the same behavior that justifies throwing a molotov cocktail at a car or business window.
This guy is recieving the trial he deserves, and will thus be judged. End of story. Stop the subjective pandering.
And to the aforementioned parenthetical note, Not all NVR commentators are striving for productive discussion, maybe you and me, but certainly not all. "
redwino wrote on Jan 19, 2009 9:57 AM: