Former BART cop posts $3 million bail

In this Jan. 14, 2009 file photo, Johannes Mehserle, right, appears in a Nevada courtroom. Mehserle, a 2000 graduate of New Technology High School in Napa, was released Friday, Feb. 6, 2009, after posting $3 million bail, authorities said. (AP Photo/Cathleen Allison, File) | Buy photos

Saturday, February 07, 2009

Comment

By TERRY COLLINS
Associated Press Writer

BART shooting coverage

November 20th, 2009

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October 17th, 2009

Judge grants change of venue in BART shooting case

October 16th, 2009

Judge grants change of venue in BART shooting case

October 14th, 2009

Oscar Grant's friends sue over treatment after BART shooting

October 9th, 2009

Day 4 for Mehserle change of venue hearing

SAN FRANCISCO — The Bay Area transit officer charged with murdering an unarmed man was released Friday after posting $3 million bail, authorities said.

Johannes Mehserle, 27, was picked up by a bail bondsman at Santa Rita Jail in Dublin around 3:45 p.m., according to Alameda County Sheriff’s Sgt. J.D. Nelson. He had been in custody since his Jan. 13 arrest.

Mehserle a former Napa resident, has pleaded not guilty to one count of murder in the New Year’s Day shooting on a train platform at Oakland’s Fruitvale station.

Prosecutors say Mehserle shot 22-year-old Oscar Grant in the back while the man lay facedown and restrained on the ground. But the defense says he may have mistakenly pulled his pistol instead of a stun gun.

The shooting, caught on cell phone cameras and broadcast on TV and the Internet, has sparked numerous protests against the former Bay Area Rapid Transit officer, including several that resulted in arrests for arson and vandalism. Protesters outside Mehserle’s bail hearing last week demanded that he remain jailed.

Mehserle’s family also has reported death threats and say they’ve been forced to leave their homes.

On Friday, about 150 protesters already were gathered outside Oakland’s City Hall for a demonstration when news broke of Mehserle’s release. Oakland police spokesman Jeff Thomason said extra officers were put on the street as a precaution.

Oakland Mayor Ron Dellums called on protesters to remain peaceful.

“We must treat each other and our city with respect and dignity while the outcome of this case is determined by judge and jury,” he said in a statement.

John Burris, who is representing Grant’s family in a $25 million wrongful death claim against BART, also urged calm.

“We hope the public will not create any social unrest as a consequence of this,” Burris said. “The family wants peace and the process to flow in the normal course of events.”

It’s unclear where Mehserle was headed after posting bail. His attorney, Michael Rains, did not return a call, and a judge has imposed a temporary gag order in the case until the next hearing, on Tuesday.

At the Jan. 30 bail hearing, Judge Morris 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.

25 comment(s)

supernapawoman wrote on Feb 6, 2009 7:45 PM:

" This officer should have never been locked up in the first place. I am happy for him and his family that he was able to post bail ! I hope that he is getting some needed rest !!! "

mytwocents wrote on Feb 6, 2009 8:22 PM:

" Good for him he needs to be with his family now and his location kept private! "

happyone wrote on Feb 6, 2009 8:44 PM:

" Peace be with this Officer! Please keep his whereabouts quiet! "

momtoo wrote on Feb 6, 2009 9:15 PM:

" Good for him, I'm glad he can be home with his newborn baby. "

napasfinest wrote on Feb 7, 2009 12:55 AM:

" Finally, the first bit of justice in this case. Instead everyone wants to lend all their support to a known criminal. Can we just let the judicial system sort this one out? "

SA91158 wrote on Feb 7, 2009 1:49 AM:

" Rember BBC (Better Be Careful)---1st a Flee and then a Fly "

napaoldguy wrote on Feb 7, 2009 3:24 AM:

" I don't know how he would be a flight risk? He went to Nevada to keep safe not to run away. He will never get a fair trial in the Bay area. I hope the best for him and his family. "

jraes wrote on Feb 7, 2009 6:33 AM:

" Good for him, I am thrilled to see he is out.

They way this case is being handled by the D.A & County is disgusting!!!! I hope they get protesters on their front doors.

Absolute garbage! "

Old Time Napkin wrote on Feb 7, 2009 7:21 AM:

" I hope his lawyer files for a change of venue when this goes to trial. He'll never get a fair trial in Alameda county. "

common sense wrote on Feb 7, 2009 8:02 AM:

" Innocent until proven guilty. Period. "

supernapawoman wrote on Feb 7, 2009 9:47 AM:

" I think that there are so many politics involved in this case and the DA should have NEVER filed murder charges against this officer !!! "

knowbetter wrote on Feb 7, 2009 9:47 AM:

" Why would anyone be upset. The constitution specifically outlines bail as a RIGHT. Bail in all cases should be reasonable. Bail in all cases should be available. LONG LIVE THE CONSTITUTION> "

zanchin wrote on Feb 7, 2009 11:34 AM:

" He shot an unarmed man in the back. "

mykdgirl54 wrote on Feb 7, 2009 1:30 PM:

" I really do hope they change the venue! And speaking of the D.A. I wonder how many people they are prosecuting for all the vandalism done in downtown Oakland during the protests?! I wonder how many small business owners are having to eat the cost for that mess! "

Dwayne wrote on Feb 7, 2009 1:40 PM:

" knowbetter wrote on Feb 7, 2009 9:47 AM:
" Why would anyone be upset. The constitution specifically outlines bail as a RIGHT. Bail in all cases should be reasonable. Bail in all cases should be available. LONG LIVE THE CONSTITUTION> "

The Constitution didn't protect Oscar Grant, but should protect his killer...??? "

Napaconservative wrote on Feb 7, 2009 3:15 PM:

" I personally couldn't be happier that he posted bail... I have been saying since day one that I think this is a tragic accident and not an intentional murder. The facts all point to that. I hope justice is correctly demonstrated in this case and I wish both families involved nothing but peace and understanding! "

Demo Cracy wrote on Feb 7, 2009 5:18 PM:

" By the usual bail dealings that means some one coughed uo 300K never to be seen again so he can be out of jail while the wheels of justice grind along. Who put up that kind of gift? And why, God bless him/her/them! "

crusherfan wrote on Feb 7, 2009 5:49 PM:

" This was an obvious accident.It's a shame that it has turned into a racial thing.It seems that the less fortunate African Americans use it as an excuse for rioting and damaging there own neiborhood.An A/A cop could have made the same mistake and it would be considered an accident.What about the reasons for the police invovement in the firt place? I wish both families well and let the justice system follow it's course. "

caringnapan wrote on Feb 7, 2009 6:48 PM:

" I agree with Napaconservative. Since the day he was charged with murder, I believed it was wrong. Yes he shot an unarmed man, but who can prove he intended to do so? He had passed his taser test 2 months before. It is highly likely he did believe he reached for the taser. I hope the truth comes out and the jury isnt influenced by the biased media. "

walktothepark wrote on Feb 7, 2009 8:33 PM:

" Accident or not, this man KILLED another man. I'm sure many murders/killings have been mistakes, but that doesn't make it okay. Oscar Grant did have a criminal record... does that mean he deserved to die? Please think about your comments. "

supernapawoman wrote on Feb 7, 2009 8:47 PM:

" Yes, Oscar Grant did have a criminal record !!! Officer Mehserle and the other BART officers were called because there was a fight going on. I think Officer Mehserle thought that he was tasering Oscar Grant and it was a mistake. There are laws in the constitution that protect police officers for this sort of mistake. "

tgrl707 wrote on Feb 7, 2009 9:32 PM:

" ok, so maybe i missed something... did it say why he would taser someone already detained?? i guess i'm a little confused on why he would even reach for a taser gun....call me crazy, but i don't get it- "

sheepdog wrote on Feb 7, 2009 10:26 PM:

" tgrl707,
based on what I have read. Mr. Grant was not in handcuffs and he was going for his waistband. He also refused to comply with officers orders to show his hands. At this point officers probably felt he was a threat and decided to use the taser. Do to some unforseen reason the officer draw his sidearm and thinking it was his taser accidently shoot Mr. Grant. Again this is want I have but togeather from news artitcals.

I am also glad he was able to bailout. "

lookwhatyoumademedo wrote on Feb 8, 2009 1:50 PM:

" From the Berkeley Daily Planet
2Feb2009

Jacobson appeared particularly concerned about the widely varying reasons attributed to Mehserle in his bail brief for his reasons for shooting Grant.

In a statement included in the brief given by BART Officer Tony Pirone, “Pirone said he heard Mehserle say, ‘Put your hands behind your back, stop resisting, stop resisting, put your hands behind your back.’ Then 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.’”

But later in the brief, Pirone’s statement continues that “after the shooting, Pirone was standing away from the shooting location. Mehserle approached Pirone and said, ‘Tony, I thought he was going for a gun.’”

Pirone is the officer seen in the widely-viewed cellphone videos punching Grant in the head and then placing his knee on Grant’s head after the man was down on the pavement.

********************
How to Justify Use of Deadly Force
By eHow Legal Editor

Excerpt:
Justify the use of deadly force by appealing to evidence that you were protecting yourself from death. If someone is about to kill you and you kill them first, your action will likely be considered self defense under the law.

**********************************
I thought he had a gun.
I thought it was a gun.
I thought I saw a gun.
I thought he was going for a gun
It looked like he was going for a gun.
It looked like a gun.
It looked like he had a gun.

You can substitute knife or weapon for gun… "

knowbetter wrote on Feb 8, 2009 5:44 PM:

" in re to dwayne: A man is dead, a tragedy. Three million bail is not pocketchange. LONG LIVE THE CONSTITUTION. "

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