NVR Logo
Defense presents case for ex-BART officer from Napa
Former BART police officer Johannes Mehserle from Napa, center, arrives at an Oakland courthouse Monday. Two women at a BART station recording a young man being shot by Mehserle said that police were unnecessarily aggressive during the deadly confrontation. Their videos of the chaotic scene and separate testimony were part of the preliminary hearing in Alameda County Superior Court against Mehserle, who is charged with murdering Oscar Grant on New Year's Day. (AP Photo/Oakland Tribune, Laura A. Oda) | Buy photos
Thursday, May 21, 2009
Save and Share Share
OAKLAND — The partner of the officer charged in an Oakland train station death said Wednesday the shooting happened during a chaotic scene where bystanders were yelling and one threw a cell phone at him.

During the third day of a hearing to determine whether former BART officer Johannes Mehserle will stand trial for murder, Officer Jon Woffinden said the New Year’s Day incident was one of the most frightening he had experienced in his 12 years as an officer.
He said he was “extraordinarily scared,” and testified there could’ve been another 20 to 30 officers on scene because of the tension. Woffinden said people were yelling profanities and one person threw a cell phone at him.

Mehserle’s lawyer said his client didn’t intend to shoot 22-year-old Oscar Grant, who he said was “actively resisting arrest.”
Attorney Michael Rains said Mehserle should not be facing the extraordinary charge of murder.

“This is not a murder because there is no malice. There is no malice because Mr. Mehserle did not intend to shoot Mr. Grant. Mr. Mehserle intended to use his Taser,” Rains said.
Mehserle, 27, a graduate of New Technology High School in Napa and also the Napa Valley College police academy, has pleaded not guilty and is free on bail.

The hearing Wednesday followed two days of testimony from witnesses appearing for the prosecution. Several said the officers acted overly aggressive and many said Mehserle looked surprised and shocked after he pulled the trigger.

Train passenger Alika Rogers testified Wednesday there was a lot of “mouthing off and resisting,” by Grant and his friends. She said she told a detective that she thought a riot was going to break out because of the unrest.

“I remember thinking, ’Oh, I’m going to see someone get Tased,”’ Rogers said.

Woffinden, who did not see the shooting, said he thought the “noise” was a Taser.

“It didn’t sound to me like a loud gunshot,” he testified.

He said he briefly talked to Mehserle after the shooting and said Mehserle’s forehead was sweaty, his face flush and his eyes big. It was clear Mehserle was upset and distraught, Woffinden said.

Officers were called to the Fruitvale station over reports of fighting on the train. They rounded up Grant and his friends against a platform wall and while apparently trying to arrest Grant as he lay face down, Mehserle shot him.

Deputy District Attorney David Stein attempted to discredit Woffinden’s testimony, calling into question his remark about the events being extremely frightening.

“You said this was among the most scariest incidents you have ever been involved in?” Stein asked.

“Yes,” Woffinden said.

“Did you hit your emergency button (for backup)?”

“No,” Woffinden said.

“You never pressed that button?” Stein asked.

“No.” Woffinden said.

Stein later asked Woffinden if he saw something on the platform that justified using lethal force. Rains objected.

The case has enflamed residents, who see the incident as another display of tension between police and the community, especially the black community. Mehserle is white and Grant was black.

Rogers said passengers were shouting about police brutality and invoking the Rodney King incident, when King, who is black, was videotaped being beaten by white Los Angeles police officers after he was stopped for speeding in 1991.

After the hearing, expected to resume Tuesday, Grant family attorney John Burris said Woffinden’s testimony raises credibility issues.

“If you look at the tapes and you see the officer could not identify where the chaos was,” Burris said. “The tapes will clearly show that there was nothing Oscar Grant was doing to justify the use of deadly force or even the Taser as a defense.”
12 comment(s)

nanner wrote on May 21, 2009 12:40 PM:

" Its sad in this day & age it turns into a black white issue. The real issue is a cop shot an unarmed man in the back while he was laying face down. "

napaoldguy wrote on May 21, 2009 1:48 PM:

" There is no way this man will get a fair trial. They are to worried about rioting then justice. When this trial comes to a close they better have the national guard or a lot of law enforcement. This is going to be another reason to riot and loot. Don't just watch the video listen to the chaos aand figure out what you would do to control it if there was only a few against a large crowd. And Mr. Grant was by no means being cooperative. "

Rocketman wrote on May 21, 2009 1:49 PM:

" What is even sadder, is that you have a member of the District Attorney's Office questioning the veracity of the 12 year veteran officer in regards to his fear as if he were making it up.

The tragedy is the ploy of the DA's office making Officer Woffiden out a liar, an officer I am sure the DA's office has relied on many times in the past for telling the truth. What a shame, using a political issue in such a manner! "

VERUM wrote on May 21, 2009 2:29 PM:

" Without the video evidence, This officer may have been put on administrative paid leave, and the investigation still pending.

Also, keep in mind that he was not a bonafide city police officer, and is BART training their police for combat? "

software wrote on May 21, 2009 4:12 PM:

" Another criminal off the streets, and a police officer is arrested for it??????? "

napasfinest wrote on May 21, 2009 4:12 PM:

" Hopefully Johannes Mehserle is found innocent of this extraordinary charge of murder. It was clearly an accident and this trial will most likely reveal that. It would only be right. "

Wannabee wrote on May 21, 2009 5:54 PM:

" napasfinest wrote on May 21, 2009 4:12 PM:
" Hopefully Johannes Mehserle is found innocent of this extraordinary charge of murder. It was clearly an accident and this trial will most likely reveal that. It would only be right. "

Why yes, and he should get his gun and badge back too. Give him a medal. Maybe he could be effective in cleaning out the gangs in Oakland?

Street justice is okay with "napasfinest". Wow. Welcome to Germany, 1930. No wonder the citizens of Oakland are up in arms over this. The attitude of the police is to eccuse him of wrong doing. Wow. The attitude of the police is absolutely frightening. "

napasfinest wrote on May 21, 2009 8:52 PM:

" Wannabee, "Street justice"? Interesting. No one can seem to answer this question. I have asked it several times. Why would anyone, especially a police officer, murder someone in cold blood in front of hundreds of people? Doesn't make sense. And I'm sure you will just dodge the question like everyone else. It was CLEARLY an accident. He does not deserve to be charged with murder. It should be negligent homicide. "

VERUM wrote on May 21, 2009 9:28 PM:

" Good question napafinest; I have the same question for those officer's in Birmingham that videotaped themselves beating, kicking and cuffing an unconscious criminal who was ejected out of his vehicle. Unconscious!

There is a line between professionalism and taking license. "

Wannabee wrote on May 21, 2009 9:33 PM:

" Napasfinest, it's called negligent homicide, and that's murder. Especially under color of authority who is not only trained to use deadly force, but is also trained not to escalate an already hostile situation.

The penalty for a trained officer guilty of negligent homicide needs to be much worse than that dished out to someone shooting their neighbor by "accident".

Whitewashing this does not help your cause. There's an old saying: 29 cops will cover for one bad cop, and that makes 30 bad cops.

Every officer should be ashamed of this case, and not chest-bumping each other supporting the brotherhood. That's the whole problem here. Circling the wagons makes all cops look guilty. "

WhatWhat wrote on May 21, 2009 11:20 PM:

" Wannabee, I'm not sure if you understand napasfinest...negligent homicide is not murder in the legal system. The Mayor, prosecuting attorney, and others involved were swayed by public opinion in charging him with murder. Those who are not involved or are not on the jury may never know or hear the full evidence but convicting him of murder may tend to be tough for any prosecutor.

I have not talked to anyone who is trying to excuse him of any wrong doing, however, charging him with murder was a huge mistake as he will never be convicted. "

EDOGZ818 wrote on May 22, 2009 5:45 PM:

" Charges aren't politically motivated, it's just time for this to stop.

I wonder if the pro-killer cop commentators would feel the same if it were their kid shot.

As I see , all of them are guilty of conspiracy by concert of action & accessory after the fact ( for trying to take people's video. Also civil rights violations. ( Attempted unlawful seizure 4th, depriving of life 1st )

So be glad it wasn't me putting the case before the jury! IMO , the only criminal off the force / street is the cop & that whole bunch should join him.

The cops saying it was the most frientening time ever, but didn't push for back up? Has he ever used the emergency button? If so, he's a liar & co- conspirator , perjurer & accomplice. "

Comment Guidelines
The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.
What gets your comment posted?
• Staying on topic
• Keeping your comment to 300 words or less
• Avoiding name-calling
• Addressing your comments to the message rather than the messenger
What gets your comment deleted?
• Personal attacks
• Derogatory remarks
• Name-calling of any sort
• Going off-topic
• Hate speech
• Racially-insensitive comments
• Implying guilt of a subject in a crime story before there is a court verdict
• Posting e-mail addresses
• Posting comments of a commercial nature
• POSTING WITH ALL CAPITAL LETTERS
• Linking multiple comments together with "to be continued..." to get around the 300 word limit.
The fine print
- Comments are either approved or denied. We do not edit comments.
- You are welcome to modify and resubmit a denied comment.
- Comments may take several hours to be posted.
- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.
- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.
- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.
Search:
Web Search Powered
By Yahoo! Search
Napa Valley Register on Facebook
Copyright © 2009 Napa Valley Publishing, a member of Lee Enterprises, Inc.
Terms of Use | Privacy Policy