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Lawyer: Ex-BART cop from Napa used wrong weapon in shooting
Officer: "I thought he was going for a gun," said Mehserle
Friday, January 30, 2009
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By ASSOCIATED PRESS
BART shooting coverage
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3:45 p.m.OAKLAND — The BART officer who shot and killed an unarmed man may have mistakenly pulled his service pistol instead of a stun gun, according to documents filed by his lawyer Friday that offer the first glimpse at his defense.

Attorney Michael Rains made the argument earlier today in urging a judge to grant bail to 27-year-old Johannes Mehserle. Alameda County Superior Court Judge Morris Jacobson set Mehserle's bail at $3 million during an afternoon bail hearing. Rains asked for bail to be set at $100,000.
Jacobson said he set the high amount in part because he considered Mehserle a flight risk after the former officer fled to Nevada during the initial investigation.

It was not immediately clear if Mehserle — who grew up in Napa — would be able to post that amount.
Mehserle has pleaded not guilty to one count of murder in the death of 22-year-old Oscar Grant, who was killed early New Year’s Day. Cell phone videos of the incident, widely viewed on the Internet, show the officer standing over Grant as he was lying facedown on a train platform and firing one shot into the man’s back.

Grant died of the gunshot wound to his torso.
But in a court filing Friday, Rains said witness accounts indicate that Mehserle meant to draw his Taser, but instead pulled his pistol. The lawyer blamed inexperience by the young officer, who passed his Taser user certification test on Dec. 3.

“The bulk of the discovery, including witness and officer statements, seem to indicate that this young officer, who carried a taser for only a few shifts prior to this event, may have mistakenly deployed his service pistol rather than his taser, thus negating any criminal intent,” Rains wrote.

The court documents contain statements from and reports by several officers who were on the platform with Mehserle at the time of the shooting. The officers — who had just pulled several men, including Grant, from a Bay Area Rapid Transit train after reports of fighting — described the scene as chaotic and confusing.

According to a statement from Officer Tony Pirone, Mehserle told Grant to stop resisting and put his hands behind his back. Then, according to Pirone’s statement, Mehserle said: “I’m going to taze him, I’m going to taze him. I can’t get his arms. He won’t give me his arms. His hands are going for his waistband.”

Mehserle then told Pirone to move, before firing the shot.

Pirone said he didn’t know if Grant was armed, but said Mehserle told him he had believed Grant may have been armed.

“Tony, I thought he was going for a gun,” Mehserle said, according to Pirone’s statement.

Mehserle is a 2000 graduate of New Technology High School in Napa and a 2006 graduate of the Napa Valley College Police Academy.

(expect updates on this story throughout the day today)
68 comment(s)

tiredofcomplainingnapkins wrote on Jan 30, 2009 2:54 PM:

" Well now its been shown what most people suspected, he shot his gun instead of his taser. This sounds like the logicall explanation. The DA shouldn't have pushed for murder charges because now he will get off and probably not serve anytime. We all knew it was an accident. If he really killed someone in cold blood then why didn't he run after doing it. When have you ever heard of someone killing someone and not trying to get away? Usually when someone kills someone they try to run or just plead guilty because they know there intention was to kill someone and not get away with it. Obviously an accident and finally we can put this to rest "

Hear Ye wrote on Jan 30, 2009 3:02 PM:

" Those statements seem a little weird to me. My real question is when does officer Pirone get charged for his unprovoked attack on Grant prior to the shooting? He gave him a pretty solid punch in the face in that new video that was released. "

Hear Ye wrote on Jan 30, 2009 3:22 PM:

" Yeah I just read the PDF file of the witness statements and its safe to say that he will not be convicted of Murder. There is enough evidence to prove this was an accident. Defintely extreme negligence though to confuse firearm for tazer. "

tiredofcomplainingnapkins wrote on Jan 30, 2009 3:43 PM:

" To Hear Ye,
So what if Oscar said,"I'm a terrorist and gonna blow up this station." Would that make it alright in your book for Officer Pirone to hit him in the face and do everything in his power to make sure he doesn't kill many innocent people. You weren't there and don't know what was said so I don't think anybody should be saying what should or shouldn't be done or who should be charged for what. "

Old_Napan52 wrote on Jan 30, 2009 3:56 PM:

" "tiredofcomplainingnapkins said...You weren't there and don't know what was said so I don't think anybody should be saying what should or shouldn't be done or who should be charged for what."

I suppose that statement should apply to your initial post as well tired? "

jpcrash wrote on Jan 30, 2009 4:17 PM:

" I stand by my previous statement that the citizens of Oakland are not educated enough to have demanded that the DA charge for Murder. Now he is going to get off totally free. I'd say Scott free but the last scott (peterson) didn't. "

ThisIsStillAmericaRight? wrote on Jan 30, 2009 4:33 PM:

" Anyone would have done the same thing if we were put in the same situation this officer was in period.

If you were in the middle of restraining a combative detainee at 2am that was already involved in a fight/altercation and he wouldn't comply with giving you his hands to be cuffed while reaching in front of himself into his waistline you would be forced to take action also.

Facts are facts the point of wound entry would have been non lethal since he shot him in the butt/small of the back (a area where cops are trained to tase people) not the head or heart he was not trying to kill him the bullet went thru bounced off the pavement and hit his lungs that is why it was fatal.

Although it's very tragic when any life is lost whether it be thru accidental or intentional actions. It unfortunately is sometimes necessary to protect the public and or those who protect the public.

This officer was doing his job that should be the end of it - in a perfect world if Oscar Grant had not resisted arrest and just let himself be cuffed his actions would not have ultimately cost him his life the officer wouldn't have had to take any action/use his duty weapon or taser. Oscar Grant would still be alive today just like everyone else on that platform that night!

Just because you can do something doesn't mean you should there are reasons for everything we don't know what was said for the other officer to take the action he did prior to the incident cops are people too just speculating but if someone threatens you or your family you would belt them for it?!? "

tiredofcomplainingnapkins wrote on Jan 30, 2009 5:19 PM:

" To oldnapan52,
Your right, I wasn't there so I'm not passing judgement or saying what should have been done or not. But the police were and they heard what was said, and they did what they felt was neccessary at the time. and they are paid and trained to make that judgement call. The police officer wouldn't have done that unless it was neccessary. "

caligrown707 wrote on Jan 30, 2009 5:26 PM:

" tiredof.... please explain to me how it has been shown definitively by this article that he meant to grab his tazor. just because he said so? many gang-members have said they didnt mean to do the things they did, it was an accident. yet we don't just automatically believe them and say "well there, now it's been shown. they didnt mean to do it". there has been documented incident after incident after incident of officers shooting civilians when they shouldnt have and then having it covered up by fellow officers. thats where the term "hiding behind the blue shield" comes from. i dont see ANYTHING in the article that proves he meant to grab his tazor. he probably came up with the defense by reading comments like yours or listening to news reports.

if the man recently passed his tazor user certifications then it should be real fresh in his mind how to use a tazor. one thing you NEVER do with a tazor is c0ck it like a gun. you cant. there is nothing to c0ck. yet you can see him c0ck the gun before he shoots in the video. he better not get off. at the very least this is criminally negligent homicide. he needs to be convicted of the max and sentenced to the max.

sorry if anything i wrote doesnt make sense....i'm working on very little sleep and worked very strenuously today.....i can barely see straight, so bare with me haha..... "

caligrown707 wrote on Jan 30, 2009 5:34 PM:

" "The police officer wouldn't have done that unless it was neccessary."

oh really tiredof? because cops never do anything unnecessarily right? they never use excessive force or shoot people when not absolutely necessary or beat them or anything right?

ha! try telling rodney king that! try telling that to that guy's family in new york who was shot right before his wedding a few years ago. do you realize that just 30 years ago or less all you needed to be a cop was a high school diploma and a heartbeat? there were guys becoming cops who had assault and batteries on their records, drunk and disorderlies, DUI's, etc. etc. now those guys are at the top making the new hires. in the past, most cops had been bullies or high school football heroes that never went anywhere. today that is still pretty true. take a social psychology class and see what power and authority like that of a police badge bring about in a lot of people. my old social psych professor in college was an ex-cop of about 25 years. he used to tell us all the time about how the badge affects people. they feel invincible and better than others. he would see it all the time.

so many people think that just because you are a cop, you are a perfect person who can do no wrong. i have a lot of family in law enforcement and the reality is that's not true. "

Hear Ye wrote on Jan 30, 2009 5:47 PM:

" Tired-

You gave us your opinion of how things happened and the intent you think there was and then tell me that I shouldn't have an opinion because I wasn't there? Hello, MCFLY! "

ThisIsStillAmericaRight? wrote on Jan 30, 2009 6:28 PM:

" caligrown707 know what your taking about before you do man BART cops carry Glocks they have no safety nor do they need to be cocked as you put it they carry them one in the chamber really to rock !!! "

Dwayne wrote on Jan 30, 2009 6:50 PM:

" ThisIsStillAmericaRight? wrote on Jan 30, 2009 4:33 PM:"....This officer was doing his job that should be the end of it - in a perfect world if Oscar Grant had not resisted arrest...."

Yes, street justice meted out by a cop is certainly the way to go... Send a bill to the relatives for the bullet like they do in China...

Let that be a lesson to anyone who argues or even acts like they are resisting (begging not to be Tased)... Your life is in jeopardy if the cop is having a bad day, and no penalty will be paid because anything he does, including killing you, can be justified...

What a swell country to live in..... "

Old Time Napkin wrote on Jan 30, 2009 6:55 PM:

" Caligrown, you make a lot of assumptions. How about letting the justice system sort out what happened. Until you "walk in another man's shoes" you have no idea what it's like to perform that job.
The Oakland natives are again causing trouble again because bail has been set for Mehserle. These "dimwits" will find any excuse to create a problem. Interesting that they don't get upset about the daily shootings in their own neighborhoods. Ever see them demonstate when a small child is killed by a stray bullet from a gangster? "

VERUM wrote on Jan 30, 2009 7:17 PM:

" Blagojavich all over again. This still will not go to trial, however. "

tiredofcomplainingnapkins wrote on Jan 30, 2009 7:39 PM:

" To caligrown707,
Rodney King was high on PCP fleeing from police at over a 100mph through neighborhood streets. Then when his car finally broke down he got out of his car and ATTACKED the police. The videotape only shows the police trying to subdue Rodney King, if anyone knows what someone on PCP acts like then you know they don't feel pain and there strength becomes almost superhuman.

As for this case witnesses, including men with Oscar grant, say they heard the officer say he thought it was his taser. I don't know what other evidence you need.

To Hereya
I didn't give an opinion, I'm saying i'm leaving it up to the cops to do what is neccessary. I've never been stopped by the police and treated like this because I don't put myself in situations to get treated like this. People forget Oscar Grant was a felon recently released from Prison for running from police and then pulling a gun on them. Sounds like he put him self in bad situations and thats why BART had to stop the train so his reckless behavior wouldn't get any innocent people killed. "

caligrown707 wrote on Jan 30, 2009 8:08 PM:

" thisisstillamerica- i will have to check on what you said about BART cops' guns. however, regardless of whether or not he is c0cking the gun, you can still see him put his hand on the gun in a way that looks like he is c0cking it. i have held both a gun and a tazor that the police department uses. in fact, i have held multiple types of tazors. yet none, not one, felt the same as a gun and if he didnt notice that when he took the gun out of his holster, he definitely would have noticed it and should have noticed it when he put his other hand on the top of it. so my point is still valid that he should have known and i believe did know that it was a gun not a tazor.

tiredof- regardless of what was the case in the rodney king situation, you cannot deny that there many documented cases where people have been beaten and shot by cops in america when they should not have. when excessive for was definitely used. which still makes that point valid as well. you said that he would not have shot him if it was not necessary. also you say it with the implication that he wouldnt do it because he is a police officer. and to both of those i say BULL! i have 4 cousins alone who are cops. each one of them will freely admit to you that there are many, many, many examples of where cops shoot people when they didn't need to.

also, who cares if he was a felon? that doesnt make it right to kill him when he is unarmed and being restrained by 3 men and begging not to be tazored! "

Hear Ye wrote on Jan 30, 2009 8:22 PM:

" Tired-

You absolutely gave your opinion in the first post. Regardless, Your justification and opinion of the Rodney King beating is enough for me to realize there is no point in even trying to reason with you. Wow "

mytwocents wrote on Jan 30, 2009 9:05 PM:

" Just read the motion for bail on the chronicle 's site. There are some witnesses that state the former officer's reaction was that of someone in shock and disbelief just after the weapon was discharged and just prior to that he made the statement " Back up I'm going to taze him." I t was clearly a terrible accident. When he is found not guilty I will be staying far away from Oakland and pray that riots don't break out here too. "

napapeace wrote on Jan 30, 2009 9:19 PM:

" Mehain and simple! It's unacceptable to shoot an unarmed, serle blew it--plprone, surrounded man in the back because a rookie cop "thought" the subject "may" have a gun and "thought" the weapon he was pulling was a taser. It's unfortunate for him and his family as I believe he made a mistake and never intended to kill Oscar--but he did, and now he and his family, unfortunately, must pay the legal price for his dereliction of duty. "

napasfinest wrote on Jan 30, 2009 10:36 PM:

" I hope to God that Mehserle gets off with probation and maybe a couple months in jail. Thats all he deserves. The ignorance of Oakland citizens surrounding this case is disgusting. "

napapeace wrote on Jan 31, 2009 12:27 AM:

" Editor: My first entry got messed up somehow during submission.

Mehain made a mistake and it's that simple! It's unacceptable to shoot an unarmed,
prone, surrounded man in the back because a rookie cop "thought" the subject "may" have a gun and "thought" the weapon he was pulling was a taser. It's unfortunate for him and his family as I believe he made a mistake and never intended to kill Oscar--but he did, and now he and his family, unfortunately, must pay the legal price for his dereliction of duty. "

tiredofcomplainingnapkins wrote on Jan 31, 2009 12:28 AM:

" To Hear Ya,
Well next time theres a Man high on PCP driving a 100 MPH recklessy down yourneighborhood street then don't ask the police for help. Don't expect them to try and stop this situation and save innocent lives. Hopefully he doesn't hit and kill someone close to you, just don't ask for the police for help. And if the police do help and get attacked by someone on PCP let them try to only use standard police trained tatics. Problem is police don't train against someone on PCP who has the strength of 10 men and feel no pain. Lets see how things turn out then, I'm sure you will be singing a different tune "

reason-ator wrote on Jan 31, 2009 12:28 AM:

" Has anybody mentioned yet that there was someone who got off the train and ran from the police, and when he was caught, he was carrying a gun ? "

tiredofcomplainingnapkins wrote on Jan 31, 2009 12:31 AM:

" To Caligrown707,
I didn't say it was neccessary for them to shoot oscar grant, I was talking about the other officer that hit oscar in the face. I stated he probably hit him because it was neccessary. Oscar couldve yelled that he was a terrorist and was going to blow everyone up and that made the cop do everything in his power to stop it. "

krusty wrote on Jan 31, 2009 12:53 AM:

" This certainly brings new light to the incident, but more questions as well. Mehserle said he was going to tase Grant, but said he thought was Grant was going for a weapon shortly after. Wouldn't cops use their gun and not a taser if they think the suspect is pulling a gun on them? Those statements contradict themselves in my opinion. At this point, we're relying on the words of Mehserle and Pirone (who I think should be charged with a crime as well based on the vieo of him punching Grant).

It did sicken me when I was watching the news this evening and they were talking to some of the protesters. One of them said he believed Mehserle should be executed. Another said they were going to get him (Mehserle) if the system didn't. I was disgusted.

I can understand the anger and frustration these protesters feel. I believe they have the right to be angry. But to wish for Mehserle's death is taking it way to far. These people need to let the justice system play out. I hope we find out the truth about exactly what happened on that night.

The unfortunate thing is, these protesters won't be happy unless Mehserle recieves at least life in prison. "

napablogger wrote on Jan 31, 2009 2:00 AM:

" Boy, all I can say is that anyone who thinks this is an easy situation where any cop or anyone else should never make a mistake has never been there.

I have been involved in several violent situations helping Sheriff's, one in which a Sheriff punched a guy in the face and I understood why he did it. When eight of you can't stop violent fighting you tend to get instinctive and start fighting back.

Oakland is a hell hole of violence and they can hardly get anyone to work there as a policeman now. Good luck finding new cops after all this.

What in the world do people expect? I wonder if any of you have ever had to fight a half crazy guy on drugs? How about a group of them on a train? I have, and it isn't easy.

It becomes incredibly chaotic and you are afraid all the time that someone is gong to get seriously hurt, the least little slip and it is all over.

I feel sorry for Mehserle, this whole case is based on mob rule and hatred of the police. A $3 million bail? That is just the judge responding to an irrational public. The judge did not base that on the facts--Mehserle was not fleeing, he was trying to keep from getting killed by the people in Oakland. "

Rocketman wrote on Jan 31, 2009 7:21 AM:

" As I stated before:

Rocketman wrote on Jan 23, 2009 6:54 PM:

" Dwayne, From what I saw, (not heard or witnessed), I have no mitigating factors for the officer shooting the victim with his service HANDGUN. Again, this is based on what I saw. But "what if" the officer was so flustered, that he THOUGHT he was using his Taser, which is a less than lethal weapon. What did the officer say, what did the witnessing officers hear; did you see the other officers repel from the victim just before he fired his weapon?? There are MANY unanswered questions......let this play out in court!!! " "

Rocketman wrote on Jan 31, 2009 7:42 AM:

" Caligrown707 said, "one thing you NEVER do with a tazor is c0ck it like a gun. you cant. there is nothing to c0ck. yet you can see him c0ck the gun before he shoots in the video."

Sorry, cops don't "c0ck guns" before they shoot! There is NO training or reason to do that!

Also, for clarification, the cops in the Rodney King ordeal were sent to prison!!

I do agree that "mob rule" is causing most of the hysteria over this issue. The judge was completely wrong in his assessment of Mehserle fleeing to Nevada. He went there for his safety and the cops knew exactly where he was.

There is still a lot of Moday morning quarterbacking going on here. The whole story will unfold with time. "

Normbc9 wrote on Jan 31, 2009 8:00 AM:

" While the only information we all have is from the cell phone camera this does make sense to me but I am skeptical of the reasons why the Alameda County DA reacted so fast. I'm one who is suspicious by nature and with the high visibility of Oakland Mayor Ron Dellums I sure have an alarm going off. The following night riots over this issue made me recall some other disturbances similar to this too where those looking for an excuse to exhibit this type of behavior had found a reason. The plea's for peaceful demonstrations from the Mayor fell on deaf ears. Like Rocketman says. There is a lot more to this incident than we all know about. "

napamouth wrote on Jan 31, 2009 9:47 AM:

" Bottom line is...everyone has to be responsible for their own actions, whether you're a cop, priest, civilian, in the military, etc. Nobody is or should be against the law. And if you kill someone, by mistake or not, you have to pay the consequences. I believe it may have been a mistake, but either way, the cop should pay a price and learn a valuable lesson from the incident. Restitution should also be paid to the victim's family. Killing should not be taken lightly or be remembered as a "Mistake". "

Rocketman wrote on Jan 31, 2009 9:53 AM:

" napamouth.........no argument here. But lets not send this guy to the gas chamber because a white guy killed a black guy. Let the punishment fit the incident. Let the whole story come out, before we rush to judgment. I have been consistent on this from the beginning. "

napamouth wrote on Jan 31, 2009 10:31 AM:

" "Rocketman"....I couldn't agree with you more!!! Well said. "

napablogger wrote on Jan 31, 2009 10:43 AM:

" napa mouth, of course everyone has to be responsible, but there is a little difference from me sitting in my office and making an accounting error on my computer, or being in a chaotic violent situation and having to make a snap life or death decision. "

Dwayne wrote on Jan 31, 2009 11:03 AM:

" Rocketman... What in your mind would justify the killing, and furthermore, what would justify Tasing someone who was face down with several cops subduing him...???

Yes, I know you can use a Taser to punish people with street justice, just because it's available, regardless of whether it's necessary... There was already a dogpile of cops on the guy...

Of course it'll play out in court, but the bad taste in our mouths is getting worse... The police chief has solicited money from the "brothers in blue" for a defense fund... It's the old circle the wagons mindset, where cops can do no wrong, and that's exactly what's wrong with this picture...

Saying, "Ooops," is not mitigating as an excuse nor a valid reason for a killing like this... This cop cost someone their life for absolutely no reason, and that's a given... The only real question is the punishment... Should the standard for this type of crime be higher or lower because a cop is the perpetrator...???

I doubt that many want to live in a society where the standard for a highly trained police officer to use deadly force is lower than that of an ordinary citizen who said, "Ooops, I didn't mean to kill him"..... "

tiredofcomplainingnapkins wrote on Jan 31, 2009 11:13 AM:

" To Krusty,
I also heard those statements about getting him if the courts didn't, and just executing the guy, and one lady said the only reason he got bail is because hes white and has money. All those statements just show the ignornance of the protesters. Also if you were to have stood out in front of the court when OJ simpson was up for murder charges and said your going to get him if the courts didn't, I'm sure there would have been alot of angry folks and you might have gotten arrested "

whataworld wrote on Jan 31, 2009 11:15 AM:

" I believe this is just a formality that is happening with these charges against this young man. It’s a sad thing that has happened but I don't believe that this was an intentional killing by any means. He made a mistake, granted it took someone’s life but I can guarantee that this isn't the first time someone innocent got shot by mistake by a police officer! This incident is unfortunate but I think if this wasn't caught on video, this would not be as big of a story it is right now! This is not a racially motivated case, but because the police officer is white and the victim African American...it gets all the attention in the world. If the victim was white....would it be as big a story or if the police office was African American??? I'm not saying that this is nothing to turn our heads and feel bad for the victim’s family.
We all have our ideas as to what happened and no one knows but those around Mehserle. "

winghunter wrote on Jan 31, 2009 11:29 AM:

" Two more people were killed in Oakland last night, where is the outrage and rioting in the streets? "

mumble wrote on Jan 31, 2009 12:09 PM:

" To Caligrown: If you truly have family in law enforcement, then you would know that you don't "c0ck" your duty weapon. This is not the wild west. Officers carry their duty weapons with one in the chamber. On some duty weapons, the first shot is "double action" which means it is a stronger trigger pull. There is no "c0cking" involved.

Additionally, for those who think you can tell the difference between a taser and a hangun, you have obviously never been in a very stressful incident where you could be fighting for your life. Adrenaline dumps cause the body to have tunnel vision, decreased hearing, inability to differentiate weight (i.e. weapons can feel light as a feather), and slower processing of what is going on around you. So until you have experienced it yourself, don't be so quick to judge.

It is obvious Mehserle made a mistake, but it was definitely did not "intend" to kill anyone. He was trying to stop the threat. Murder charges are obsurd. Manslaughter or negligent homicide seem more fitting. "

caligrown707 wrote on Jan 31, 2009 1:24 PM:

" rocketman- i already have replied to someone who talked about the c0cking of a police gun. the fact still remains that when he put his hand down on the weapon in what looked like him c0cking the weapon, he should have known and i believe did know at that point that it was his gun, not a tazor. as i said, i have held both and they are very obviously different without even looking at them.

another note, officers are allowed to carry other weapons on them besides their service pistol. my friend who is a recently returned soldier who had been stationed in iraq (and who's father has worked in the sheriffs department for a long time) was pulled over the other day by an officer who was carrying a deagle .50. he got off on his ticket because he called the cop on having the deagle .50 in the holster for his service pistol which is illegal. i witnessed it. they are allowed to carry other weapons, but they can't have them in their service pistol holster. obviously, sometimes they do. maybe that was the case here. i doubt it, but its a possibility. regardless, he should still have known when he put his hand on it that it wasnt a tazor and he should be charged with a crime and sentenced to the max as he is an officer of the law which means he has had plenty of training for this and should be held to a higher standard than your everyday citizen. "

Raven wrote on Jan 31, 2009 3:48 PM:

" One officer I know in San Jose said they were trained to keep their tazor on the opposite side from their weapon so they would avoid grabbing one when they meant to grab the other.

He went on to say that the usual reaction would have been to grab his weapon, not his tazor, if he thought the suspect had a gun. "

Mr. Feasor wrote on Jan 31, 2009 4:40 PM:

" Given the (a) large digital display on the X-26 taser used (which informs the user the percentage of electric charge left); (b) the fact that it must first be armed by flipping a switch above the device's grip; (c) the automatic laser-sighting that turns on when the device is armed, I am rather surprised that the defense attorney raised this argument...I won't get into mixing up the right side of your body with the left...

After aiming his service weapon at the subject, one would think that an officer would notice: (a) there is no display on the back indicating its charge; (b) the safety did not need to be toggled; (c) there is no little red dot on the back of the subject being aimed at.

And I think Raven and other posters have a good point about why he would pull a taser in response to what he thought may be a gun in Grant's waist band.

Finally, the attorney's moving papers state that Grant was already detained by other officers before he arrived at the scene. Yet, none of them - apparently - were frisked for weapons at any time before the incident. Interesting.

I am still of the opinion that murder CHARGES (not a conviction; that's up to the jury) are appropriately filed. The circumstances did not give rise to the (actual and impliedly intended) use of lethal force. I am not familiar with "oops" being a defense against the charges as filed. "

napablogger wrote on Jan 31, 2009 5:47 PM:

" Raven and others, have you ever been in a life or death situation where your actions may determine whether someone else lives or dies?

I have, and I can tell you that all your criticisms bear the mark of people who have never been in that situation.

It is hard to describe the chaos and pressure that one feels. Sure, they are trained, but it would be so easy to pull the wrong weapon and not know it when you are watching someone who is about to possibly pull a gun and shoot you or another innocent person.

Oscar Grant's death is a terrible tragedy, but so is the officer who accidentally killed him getting lynched by a mob.

This is all about people's biased opinions of the police and racism, not about this incident.

I read in the SF Chron today that a couple years ago a cop shot someone in similar circumstances in Oakland, in fact the suspect was actually handcuffed at the point of the shooting, but there was no public outcry. Why? Because the cop was a black female and the victim was a white male.

This is all about racism---in reverse. "

sheepdog wrote on Jan 31, 2009 6:09 PM:

" I hope I can do my best to explain this. It's called muscle memory. When we teach somebody we do repetitive exercises to build that muscle memory. I don't know how they train at BART, but if they didn't include duel concept type training. The office brain is saying Taser, but his muscle are saying firearm. Most of you had this game played on you. Have someone say STOP 10 time, then ask them what do you do at a green light. Most people will say STOP. But we all know you GO. Again I don't know how BART traines it's people, but I will bet it's a training issue that cost someone thier life. If all BART did was teach the basic Taser course and did not include drawing the tool from the holster then the liabilty is on the department. "

Rocketman wrote on Jan 31, 2009 6:14 PM:

" Dwayne, Dwayne, Dwayne........your comments are GREAT.....WHERE have I EVER stated that this shooting is JUSTIFIED???? I have said....quit jumping to conclusions!! But your comments conclude no accident, so cold blooded murder.....

napablogger.........I couldn't have said it better!!- "

Rocketman wrote on Jan 31, 2009 6:29 PM:

" Sheepdog..............absolutely accurate....but some of this folks will NEVER get it!! "

jraes wrote on Jan 31, 2009 8:54 PM:

" I work with a Sheriff's Office outside of Ca. and I am from Napa. I have suspected since day # 1 that this was a tragic error and mistake by this officer.

I carry a M-26 taser on-duty, this is a replica based on the GLOCK service weapon. It looks and feels like a semi-automatic handgun when you hold it.

I carry mine on the opposite side of my Sig-Sauer P226 (handgun). I carry it face backwards so that I have to cross draw. I did this so that I have to place my gun back in its holster. I do this so that I can never have this exact incident happen to me.

The suspect who died repeatedly said, DON'T TASE ME and made other such similiar comments.

You can easily add this scenario:

1) Don't Tase Me -said by suspect(s).
2) Inxperience of the Officer
3) Taser Feels like a Gun
4) Stressful situation with onlookers
screaming and cursing!

What does this add up to ?
It almost sets the officer up for
a mistake if he is not paying attention
to what is in his hands.

It's certainly no excuse, but this is no case of intentional homicide!

I am sick and tired of people bashing this young guy. I am sick of people playing armchair quarterback and "assuming" he is quilty!

There are alot of facts to this case that none of know, time will show those.

We have a justice system for a reason. Let's allow that to run its course.

My two cents, not everything is black & white, it sometimes come gray. "

Dwayne wrote on Jan 31, 2009 9:19 PM:

" Rocketman wrote on Jan 31, 2009 6:14 PM:
" Dwayne, Dwayne, Dwayne........your comments are GREAT.....WHERE have I EVER stated that this shooting is JUSTIFIED???? I have said....quit jumping to conclusions!! But your comments conclude no accident, so cold blooded murder....."

Naaah, I'm not arguing with you, or against the cop... I just have a hard time dealing with a system that tries to protect the cop, regardless of the truth...

A guy is dead, and everyone jumps into the CYA mode... I think that stinks... Talk about an automatic reaction... Sheesh... The standard mode seems to be deny, delay, deny, delay... Rather Clintonesque, donchya think...???

I actually feel bad for the cop, because he's become a pawn in a power game... Too bad he can't man-up and tell it like it is, instead of using his lawyer as his mouthpiece... It just makes the pot simmer hotter and longer this way.... "

Rocketman wrote on Jan 31, 2009 10:07 PM:

" Dwayne........I just don't see this "system" other than what anyone else is entitled to. The system is and should be the same for everybody. Innocent until proven guilty. Because he is a cop, he doesn't deserve this??
Who is jumping into a CYA mode. He either killed this guy on purpose or it was an accident. I haven't seen any denial or delay???? I don't understand your comments.
Man-up???? to what??? He hasn't denied anything. He is entitled to an attorney just like you would be. This is being handled just like it should. The guy did "something" wrong and he is going to pay a price. He needs representation so the outcome is just and not what a mob wants........ "

Mr. Feasor wrote on Jan 31, 2009 11:07 PM:

" I feel bad for the former officer too. Especially when (after shooting Grant in the back) he realized how his actions were going to change the respective lives of those involved forever.

And if you read his attorney's moving papers, there are some statements which reflect how Mehserle's reaction could very easily be his realization of the ramifications immediately after he discharged his weapon into the victim's.

This is why the charges are properly pled. Especially under a stressful situation, your training should take over. Stay in control; and don't pull out lethal force when there is no immediate threat of serious bodily harm or death.

And don't let this situation stop you from (a) needing to flip the safety switch on your taser to arm it; (b) note the taser's digital display (which would be right in front of your face as you aim the device); (c) ensure that the laser-sight is indicating where the top prong will hit once you discharge it, and; (d) if none of the above conditions do not occur, realize that you are aiming a lethal weapon at someone laying prone on the ground (and not your taser) before pulling the trigger.

I am sure there is more to the story. But check out the company website regarding the X-26. Training or not, stress or not, the charges (NOT conviction) are appropriate under the currently-available facts. "

Mr. Feasor wrote on Jan 31, 2009 11:36 PM:

" oops...pardon the singular possessive at the end of the second paragraph of my comment. I meant to say "victim" and not "victim's." My bad. "

sheepdog wrote on Feb 1, 2009 4:36 AM:

" Mr. Feasor, you make it sound like all a LEO has to do is read the book and do the job. I wish it was that easy. Have you ever taken a 832 PC course, fired a Taser under stress. You have to remember that under stress you lose your fine motor skills. I great book to read is "On Killing" by Ret. Lt. Col. Grossman. I also recommend that some of you go and become a role player at your local Police Acadamey. It just might open your eyes a little bit. "

Raven wrote on Feb 1, 2009 10:22 AM:

" actually NB I have, as a member of the US military in Viet Nam ... we trained for the situation and we were taught to rely upon on training to get us through the situation.

But while the experience is helpful in understanding it doesn't invalidate what others have been saying. "

thoughtank wrote on Feb 1, 2009 4:59 PM:

" I really think that Officer Mehrsele made a tragic mistake. Nevertheless, if Oscar Grant had been my son, I would probably want to see him (Mehrsele) charged with murder. Human emotions are not based on rational thinking. If we all could imagine how we would react if this had happened to one of our own children, then I think we can tap into some of the anger felt by Mr. Grant's family and those who are protesting.

Now put yourselves in the position of Mr. Mersele's family. It is highly doubtful that they think there son (or husband) should go to prison for murder for making a mistake in attempting to do his job in very difficult circumstances.

The biggest mistake so far, is charging this officer with murder and not manslaughter. This seems to be a temporary appeasement for political reasons and not an evidence-based decision. It will come back to haunt the DA as there is not enough evidence to convict this officer of murder.

Setting aside our speculations about what did or did not occur here, I think one thing that we can all agree on is the need for better training for officers and an increase in the number of BART (and other) officers available to respond to emergency situations like this. Perhaps tasers should be redesigned or not used at all.

Let's hope some good can come out of this tragedy. Let the justice system deal with the guilt or innocence of Mr. Mehrsele. What can we as citizens do to insure that BART officers and other
police officers have the ability to provide for our safety and their own? How can we prevent something like this from happening in the future? "

ThisIsStillAmericaRight? wrote on Feb 1, 2009 6:46 PM:

" caligrown707 some information just to back up my prior statement no offense intended here but I beg to differ the two weapons are very like in shape and size both handles/grips are the same exact size reason is the taser is actually mocked after BART's same exact service/duty pistol a Glock model 17 the sights are the same type and the tops are both square/block like also both are made from a polymer plastic so they would feel the same to the touch and be close in weight here is the links to pics so you can see what I'm talking about I think they speak for themselves:

http://www.taser.com/products/law/Pages/TASERM26.aspx

http://www.imfdb.org/images/8/8c/Glock17EarlyModel.jpg

Dwayne there was only two officers on him hardly a dog pile in my opinion.

Mr.Feasor if you are to let your basic training take over in stressful situations like gun threats isn't that what happened here this officer was trained to use lethal force first long before he was recently trained otherwise and even though he thought he had his taser in hand subconsciously he deferred to what he knew just reacted drew his weapon as he was taught long ago and fired.

mumble I totally agree with you most don't know what real life and death situations are like if you haven't been in that type of a scenario you wouldn't understand it once the Adrenaline hits you everything you ever knew goes out the window its the opposite of what dreams are made of!!!

jraes & sheepdog thanks for your pov's and or insight in all of this it really helps draw a much diffeent picture than the cold blooded act the media is making it out to be! "

Hear Ye wrote on Feb 1, 2009 8:10 PM:

" ThisIsStillAmericaRight?-

Hate to burst your bubble but by all accounts I've seen the officer was carrying a X26 tazer which is less than half the weight of his firearm. The very website you link will show you that it is much smaller and lighter than the M26 tazer. "

Rocketman wrote on Feb 2, 2009 7:02 AM:

" Mr. Feasor wrote: "This is why the charges are properly pled." (murder?)

Thoughttank wrote: "The biggest mistake so far, is charging this officer with murder and not manslaughter. This seems to be a temporary appeasement for political reasons and not an evidence-based decision. It will come back to haunt the DA as there is not enough evidence to convict this officer of murder."

I have to agree with thoughttank on this one. The charging is political, especially with the discovery and witnesses information.

Also, there is NO EVIDENCE the Officer was attempting to flee anywhere. He went to Nevada and told authorities where he would be. Bail is set for "appearance determination" and Mehserle is NOT a flight risk.

The only risk here is that Mehserle might get killed if he is freed on bail. Back to Nevada if that is the case!! "

reason-ator wrote on Feb 2, 2009 12:22 PM:

" I know I'm not perfect enough to be a cop.

But there are sure a lot of people here who ARE perfect. Too bad they're internet posters instead of police officers. Now that they've honed their survival instincts behind their monitors with weeks to polish them, they'd be perfect at instantaneously second-guessing their partner's survival tactics.

Depends could sponsor them. "

Mr. Feasor wrote on Feb 2, 2009 7:26 PM:

" ThisIsStill, Rocketman, et al: well I feel really safe on the streets now. Every time I hear the word "tase" or "taser," I'll be juming behind the closest barrier for fear of stray gunfire.

Does anyone realize that the officer could walk free if he is not convicted of the current charges? Basic due process: no notice of charge, no right to convict on that charge.

If you're all so confident that the charges are trumped up, then obviously he won't be convicted, right?

So what's the problem here? "

Rocketman wrote on Feb 2, 2009 9:57 PM:

" Mr. Feasor.............the "problem" is, that most people......including the rioters, believe that a WHITE cop killed a BLACK man for no reason whatsoever. It does appear, that as information is being disclosed, that this MAY have been an accident. No one is saying that the officer didn't do wrong. But if the information IS correct, he didn't commit murder. What we are all saying is that the charges SHOULD NOT be trumped up because a white man killed a black man.

This is a VERY ISOLATED incident and quite possibly a tragic mistake.

But don't go around stating that all cops who pull their taser are going to shoot you instead. That rationale is absurd and unreasonable.

The system needs not to overreact just because the "citizens" in Oakland are overreacting. "

jraes wrote on Feb 3, 2009 8:43 AM:

" Hear Ye,

I certainly cannot tell if the tazer is
a X-26 or M-26. I am well trained in both models.

If I cannot tell from that video, I doubt you can either! "

Hear Ye wrote on Feb 3, 2009 10:42 AM:

" jraes-

You're right, I can't tell from the video. I'm talking about the reports and investigation. By all accounts he along with other BART police carry the X26. As you very well know the X26 is significantly lighter and smaller. "

eischeid wrote on Feb 3, 2009 4:58 PM:

" jraes,

I too agreee the shooting wasn't intentional....but I think you have to add a fifth point to your scenario:
5) ex-BART cop just doesn't seem that bright. "

reason-ator wrote on Feb 6, 2009 12:57 PM:

" I made a mistake at my job, once.

Thank goodness I'm not a cop. Everybody expects perfection, because their mistakes have such serious repercussions. But these guys are people, too. They're not perfect.

It's sad. It's tragic. We're lucky it doesn't happen more often.

My biggest fear is that the people who demanded a diffficult-to-prove murder charge are not going to realize that they'll be partly to blame if the BART cop gets acquitted of the charges they demanded. And Double-Jeopardy keeps him from being tried again. "

caringnapan wrote on Feb 6, 2009 7:24 PM:

" I don't understand why protesters went to the point of destroying businesses just to get their point across...and what was their point exactly? Yes, it wasn't right that an unarmed man was shot but I think people shouldn't take justice into their own hands, if this can be called so. As for the officer, perhaps getting bailed out was not the best thing that could have happend. I mean that since people feel they have a right to take justice into their own hands, his life as well as that of his family might be in danger. Why isn't he getting protection along with his family? After all, he hasn't been proven guilty nor does it seem this shooting was intentional. "

jraes wrote on Feb 7, 2009 6:40 AM:

" eischeid,

Your 5th point.. very possible.

But, let's add a 6th point.

Napa Police Academy, one of the best in the State of California! If he was an idiot, they would have found a reason to terminate him. This I can bet his bail amount on (if I had it..lol)

I graduated from this academy many years ago, even then, the Napa BASIC Police Adcademy was a top performer in the state. We had 2 idiots in our class, they did not make it past 'scenarios'. Thats the true HIGH stress test.

But, who knows. We all could have been wrong. "

Rocketman wrote on Feb 8, 2009 10:55 AM:

" reason-ator said; "My biggest fear is that the people who demanded a diffficult-to-prove murder charge are not going to realize that they'll be partly to blame if the BART cop gets acquitted of the charges they demanded. And Double-Jeopardy keeps him from being tried again. "

Not completely accurate reason-ator. Remember the cops in Rodney King? They were not convicted in the criminal courts. The prosecution took them to civil court and got their conviction and some did time!

Double-jeopardy is alive and well and this is what will happen in this case. "

claychick wrote on Feb 11, 2009 5:29 PM:

" I lived in the Fruitvale district for years and then moved to Napa to get away from all the crime. I personally know the Mehserle family. My daughter went to Vintage with Johanne's sister and they were best friends. They are a good family and I am sure this tragedy has been almost as devastating for them as it has been for the victim and his family. Nothing can bring him back and seeking vengeance isn't going to help. It's a horrible situation and it calls for a fair trial, forgiveness and compassion for all involved. "

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