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Witness testifies in ex-BART cop shooting
Monday, May 18, 2009
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12:15 p.m.OAKLAND — A former BART officer from Napa who is charged with murdering an unarmed man on a train platform was back in court Monday for a hearing expected to shed more light on the shooting.

Johannes Mehserle is accused of killing 22-year-old Oscar Grant early New Year’s Day. Mehserle’s lawyer says the officer intended to reach for his stun gun when he grabbed his pistol accidentally.
Prosecutors called a woman to the stand Monday who testified she recorded part of the incident on her cell phone. The video taken by Karina Vargas, of Hayward, shows transit police confronting Grant and his friends on the station platform, though the camera was pointed in another direction the moment Grant was shot. The sound of the gunshot is clearly audible in the footage and provoked gasps when played in court.

During testimony, Vargas described police as acting aggressively toward the group, who she claimed were cooperating.
“I remember telling myself they didn’t have to be so rough with them,” said Vargas.

Also at the hearing, Alameda County Superior Court Judge C. Don Clay denied a defense motion demanding that District Attorney Tom Orloff be disqualified from the case.
Defense attorney Michael Rains argued that Orloff violated Mehserle’s rights when police tried questioning the 27-year-old former officer without a lawyer following his Jan. 13 arrest in Nevada.

Outside the hearing, dozens of people gathered to rally in support of Grant. The case has enflamed residents, who saw the incident as another display of tension between police and the community, especially the black community.

Mehserle is white and Grant was black Mehserle is a 2000 graduate of New Technology High School in Napa and a 2006 graduate of the Napa Valley College Police Academy.
9 comment(s)

doscentavos wrote on May 18, 2009 4:30 PM:

" If you take a look at the video, as I did It was an accidental shooting. How did this get turned into such an ugly racist matter? People in Oakland..get a grip. the lives of not one..but two families are being eternally damages and affected by the senseless backlash from the black community. "

koni wrote on May 18, 2009 5:57 PM:

" I think it has made it to this level becuase of where he ( the officer) comes from. Everybody thinks that if you are from NAPA then you owe a winery and have everything you want handed to you . IF the officer were from Fairfield , Richmond or Vallejo this would not have been turned into a circus . I do NOT feel that this officer woke up and said to him self that I want to kill a man tonight .
I feel that Oaklands mayor is behind alot of this . He ( Oaklands Mayor ) was asked by the family of the OPD officers that were gun down in COLD blood NOT to speak at there funerals. Just thought I would add that ... BUT this is just my thoughts "

jeeper16 wrote on May 18, 2009 6:16 PM:

" I find it impossible to believe that a police officer (or anyone in their right mind, for that matter) would intentionally kill an innocent person in cold blood, especially with so many witnesses present..... "

Wannabee wrote on May 18, 2009 6:50 PM:

" "Ooops", is no defense for murder. Under color of authority raises it to a much higher standard. A badge and a gun are not a license to kill.

The verdict in this case is all that stands between the good ol' USA and a police state.

The punishment for a sworn officer killing someone should be much worse than for an average citizen who makes that "mistake". Cops simply cannot have a bad day that ends someone's life. Period. "

Maya wrote on May 18, 2009 7:03 PM:

" It's reverse discrimination to me... "

VERUM wrote on May 18, 2009 7:11 PM:

" Yes doscentavos. But one family can not recoup their loss. Get a grip on that.

People in Oakland would not appreciate such "sensitive" advice. "

napasfinest wrote on May 18, 2009 8:53 PM:

" That's cause you're exactly right jeeper16. He DIDN'T kill anyone in cold blood. It was an accident, which the footage clearly shows. But let's just attribute it to racism and murder so we can smash the windows out of cars and stores and ruin the entire life of an officer who made a mistake when dealing with a prior criminal/hoodlum that was engaging in a brawl on BART. Makes sense right? And lets also act like cops are out to kill black citizens. After all, it's not like anyone in Oakland engages in criminal activity. Hmmmm... "

Wannabee wrote on May 18, 2009 10:17 PM:

" napasfinest, Oscar Grant was face down and compliant in several videos. Demonizing him by calling him a brawling hoodlum only shows the contempt that police have for the citizenry. That police attitude is why Oscar Grant is dead.

This was no "accident". It was full blown negligence under color of authority. Hotheads have no business hiding behind a badge, and colleagues have no business circling the wagons around a bad cop. It paints you all with the same brush. "

jonqcitizen wrote on May 18, 2009 11:27 PM:

" Just a couple of comments for Wannabee:

1) "Oops" actually IS a defense to murder, albeit an overly simplistic one. It is not, however a defense to manslaughter necessarily.

2) A badge and a gun are in fact symbols of the power invested in law enforcement, including the power to protect life by taking it.

3) As far as the punishment for an officers being harsher than for non officers, I wonder if you would say the same thing about a doctor who has a bad day and kills someone. "

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