Witness: BART cop 'dumbfounded' after shooting
By TERRY COLLINS
Associated Press
November 20th, 2009
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OAKLAND — A woman who was videotaping as a BART officer killed an unarmed man testified Monday that the officer had not been acting overly aggressive toward the victim leading up to the shooting and that he appeared "dumbfounded" afterward.
Karina Vargas, who was one of several people at the scene who digitally recorded the New Year's Day incident, told the judge at the preliminary hearing for Johannes Mehserle that she believed other officers were behaving more aggressively at the time. And, she said, Oscar Grant didn't appear to be resisting arrest.
Videos taken of the incident show Mehserle -- who grew up in Napa -- firing a shot into Grant's back as the man lay face down on a train platform. The officers had detained Grant and four others at Oakland's Fruitvale station for allegedly fighting on a train.
"He wasn't that aggressive at all," Vargas said of Mehserle's behavior leading up to the shooting, on cross-examination by the defense. "He was handling him a little rough ... but he looked like he was doing what he had to do."
Mehserle, who has since resigned from the Bay Area Rapid Transit police department, has pleaded not guilty to a murder charge.
Attorney Michael Rains — who has said his client meant to use his stun gun but accidentally pulled his pistol instead — then asked Vargas how Mehserle looked after the shooting. She said he looked "dumbfounded."
"And shocked?" Rains said.
"Yes," Vargas replied.
Vargas and another witness, Margarita Carazo, testified Monday in Alameda County Superior Court that they started recording because they felt something bad was happening as the five men were detained at the station.
Their testimony and dramatic videos of the chaotic scene highlighted the first day of a preliminary hearing expected to last about two weeks.
The shooting — which grabbed national attention after videos of the incident began circulating on the Internet and television — continues to fuel community outrage and has led to numerous protests and arrests. On Monday, more than 150 people staged a relatively peaceful demonstration in support of Grant outside the courthouse.
Inside, prosecutors played Vargas and Carazo's videos. While Vargas' video panned away from Grant at the moment of the shooting, audio of the gunshot still provoked gasps in the courtroom. Grant's mother, Wanda Johnson, could be seen tearfully embracing her daughter.
Vargas and Carazo both said Grant appeared to be complying with police orders right up until the moment he was shot. They testified that several officers, led BART officer Anthony Pirone, were acting unnecessarily aggressive — and, Vargas said, more aggressive than Mehserle. Pirone has since been placed on paid leave.
"Oscar wasn't doing anything wrong, he wasn't fighting back or anything," Carazo said. "He didn't do anything wrong. He was just standing there."
Both witnesses said they didn't know Grant was killed until days later and decided to turn over their videos to the Grant family's lawyer.
Grant's uncle, Cephus "Bobby" Johnson, said after the hearing that seeing the videos in court was especially painful for the family.
"When you see a loved one that has been murdered, it's really striking to the soul," he said. "But we know it's something that we have to go through at this time to get justice for Oscar."
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Rocketman wrote on May 19, 2009 8:26 AM:
Byoung wrote on May 19, 2009 10:55 AM:
DowntownSupporter wrote on May 19, 2009 11:32 AM:
native74 wrote on May 19, 2009 11:33 AM:
I say this because the SF cops I saw in North Beach on Sunday had their guns on the left hip, the beat stick on the right hip and no taser in sight. Could it be that cops switch their weaponry pending on the situation?
I'm asking the question because I don't know and would like to try and understand. "
cheezcakemaker wrote on May 19, 2009 11:53 AM:
If a police officer needs to respond, the party causing the nuisance should comply with specific instructions and know they have no options but to comply when a cop has to show up. Why are there so many options for the crook to get the softy treatment with cufs, taser, baton, free cab ride, 3 hots and a cot.
Have some respect for cops. They have deal with the worst people created situations while the rest of us get to enjoy libations and a nice bed at 2 am on new years. "
newlocal wrote on May 19, 2009 12:15 PM:
Anyone know for sure? If so, that could easily be confused in the heat of the moment. "
tripnote wrote on May 19, 2009 1:06 PM:
Wannabee wrote on May 19, 2009 2:55 PM:
" When all the information is revealed, it will come out as an accidental shooting. "
Well, of course, and what should the punishment be for a trained, sworn officer? A slap on the wrist, or something that sends a message?
"Aww shucks, I'm sorry," might work for a citizen shooting his neighbor by accident, but not for a trained police officer. "
John Richards wrote on May 19, 2009 3:16 PM:
Yeah, but you are not going to be sighting when tasering someone 12 inches away.
"a crowded Bart platform is not a safe backstop for shooting. Ricochet ring a bell?"
All the more reason to believe the officer thought he was using a taser rather than a gun. "
John Richards wrote on May 19, 2009 3:21 PM:
Unless he had reason to fear for his life, a cop is not going to pull a gun on someone who is facedown on the ground. Assuming there was a continuing degree of resistance to arrest, using a taser (or thinking you are using a taser) makes sense. "
Rocketman wrote on May 19, 2009 3:50 PM:
Wannabee wrote on May 19, 2009 4:55 PM:
" wannabee...........so what do you think is appropriate?? "
What ever the maximum sentence is for negligent homicide, plus special circumstances for abuse of authority. He shouldn't see the light of day for many years.
Anything short of that send a message that cops can treat people like they are animals, and that accidental (wink-wink) street justice is justifiable.
We can't leave a loophole here that allows cops to call an unjustified loss of life a "mistake". It actually happens a lot, under a wide variety of circumstances, but this case is so blatantly offensive that it needs to stand above the rest of "justified deaths while in custody." "
cookies wrote on May 19, 2009 6:37 PM:
Everyone has an opinion but you have convicted someone without all the facts. "
Wannabee wrote on May 19, 2009 7:51 PM:
No conclusion there, just the facts. This is not a "who done it" case.
Facing facts is difficult when you are biased. "
JPCRASH wrote on May 19, 2009 9:07 PM:
John Richards wrote on May 19, 2009 10:05 PM:
VERUM wrote on May 19, 2009 10:22 PM:
luv2fish wrote on May 19, 2009 10:58 PM:
cookies wrote on May 20, 2009 11:09 AM: