" Finally, justice prevails! Its just sad that the young mans life can never be given back. A mistake should never take the life of a human being, especially when it can be controlled. "

" "Former BART officer Johannes Mehserle has been charged with murder in the case. His defense attorney said he intended to use his stun gun, not fire his handgun, to try to restrain Grant."

It is interesting for anyone to state that they were trying to "restrain" someone who was already restrained. Unless you consider someone face down on the ground with their hands behind their back and someone already holding them down not "restrained". "

" Bauhausfan: Thank you for pointing that out. I still don't understood why the tazer came out in the first place. "

" This was/is a horrible tragedy, but the murder charge is ridiculous IMO. To imply that the officer deliberately and intentionally took this young mans life is beyond all reason.

I'm not implying that he should not be held accountable either, but it was clearly a horrible mistake.

Bauhaus, it's really hard to tell from the video where his hands were and if he was fighting getting cuffed, or reaching under his belly for a possible weapon I think a taser would be used in a heartbeat in either case.

There's no way any officer (at least in CA) is going to willfully choose to discharge a firearm if he doesn't have to. Knowing 1. his job is on the line. 2. IA investigation to follow. 3. Possible charges against him. It's a worst nightmare situation for a cop i.e. lose/lose outcome.

Without being there it's all presumption, but there isn't any reasonable explanation for it to NOT be a horrible, unfix able mistake.

But that's still not 'murder' and therefore not justice. IMO "

" "A person commits the crime of murder if with intent to cause the death of another person, he causes the death of that person or of another person,or under circumstances manifesting extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to a person other than himself, and thereby causes the death of another person."

Excerpt from http://definitions.uslegal.com/m/murder/

By that definition a murder charge would be correct. Will he be convicted? We shall see. "

" Why isn't there a report slamming Oscar Grant and his friends who engaged in a dangerous fight on a crowded BART train, endangering the lives of countless passengers? Where is the report slamming them? "

" A MURDER charge could have been easily avoided had he simply immediately apologized and stated he made a mistake.

Should anyone look at the headlines adjacent to this article, instead of remorse, you see arrogance!

Now I guess the *mistake* is trial strategy. Even money says we'll have a compromise verdict!

More then a few of you would be shocked at how many unarmed and *un-cooperative*, people, white and non-whites are killed by police

BTW, any takers on how many minorities will be in the jury pool much less the jury itself?
George Lopez stated on his new special..."I will treat you with the dignity and respect you gave me" (sic) in reference to Mexicans becoming the majority in California...THAT, should give more then a few folks pause.. "

" Sickonapkins, interpretation is a funny thing. I read th definition of murder you posted as well as studied the definition in college. I, from the beginning have said there is no way this is murder. Mistake? Yes. Consequences? Absolutely. Involuntary manslaughter is the most I hope this man receives. I do hope that people will use this situation as a learning experience. I am so sorry for all the families who are suffering. "

" Mehserle was hell bent on putting a bullet into Grant. The video I saw shows him struggling to pull his gun out of its holster, which required his full attention. He knew exactly what he was doing. "

" so it sounds like you're saying grant deserved to be shot and killed? "

" Bauhausfan wrote: "Unless you consider someone face down on the ground with their hands behind their back and someone already holding them down not "restrained'."

The trial will bring out that Grant repeatedly ignored lawful orders to place his hands on his back. "

" I seriously doubt much of anything will in full honesty be altered or changed because this death and assault. One can hope, however forcing Americans to create healthy, emotionally mature and safe children in the early years of life is truly *not* in our play book in the States and never has been with the exception of a very few rare families. Having said all of that, one can start with educated, mature, wise, and experienced police forces as Americans have left it to them to collect, gather and stop their own children from acting out their rage at them and the culture around them. Former officer Mehserle had his finger on his handgun's safety for some three seconds before he shot and killed the restrained suspect. These are not the actions of a thought out and balanced police procedure. These officers should have *never* ever gone in to a near riotous and nasty crowd like that in such painfully small numbers. These officers were ill trained, scared and suffering from a threat to their identity and then the rest will have to be sorted out in the courts one video frame at a time. Stay away from overcrowded cities and avoid all contact with crazy and violent people no mater *what* social uniform they wear. "

" "sickonapkins wrote"...he recklessly engages in conduct which creates a
grave risk of death to a person other than himself..."

I'm going to assume this is part of your statement that applies to the
topic. And if so, no I don't agree that he engaged in reckless behavior.

I believe it to be a grave error, but not reckless.

ADark1 wrote"More then a few of you would be shocked at how many unarmed and
*un-cooperative*, people, white and non-whites are killed by police"

So they hide all the bodies where, at Tony Sopranos Waste Management Co? Get
real. Unless it's auto accidents you'll have to provide valid source for
that claim.

Grommitt, that video is exactly where I saw it was obviously a tragic
mistake. His body language shows it, his facial expression. The reactions of
other officers. He was struggling to pull, what, I believe, he thought was a
taser out of it's holster. Perhaps you didn't read my 1st post, but explain
to me why he'd be "hell bent" on firing his weapon, let alone into another
soul?

Raven: If that was directed to me,it doesn't deserve a response. "

" Ephemerol wrote"... Former officer Mehserle had his finger on his handgun's safety for some three seconds before he shot and killed the restrained suspect..."

1. The suspect was not restrained, from what I could see on the video. Whatsoever. In fact I believe the other officer backed off and got up because he knew the young man was going to get tasered.

2. "...3 seconds..." Several tasers have a laser dot aiming system. Perhaps he was looking for the dot (for the safety of fellow officers) and then assumed it malfunctioning/bad battery and then optically sighted and fired. This is a guess. Side arms are often equipped with similar laser dot sights also.

I'm not making the officer out to be a saint, but rather, trying to be logical in the given circumstances and it was clearly (to me) a terrible error.

The officer's body looks like it got hit with 5 gallons of adrenaline AFTER the discharge. There's no way, IMO, he intended or planned that. Look at the body language, and that of his fellow officers. Everyone there was shocked beyond belief.

Again, horrible in countless ways for both families. One never gets to go home. Another has to bear it for the rest of his life. "

" I was just pointing out the reason why I thought he is charged with murder. Do I think he will be convicted of it...probably not. Do I think he should be...honestly I don't really care how long he is in jail. I am just thankful there was video of the incident because if there wasn't Mehserle would be at work right now as if nothing happened. I really just don't understand how you mistake a gun for a tazer and before anybody says oh it was a stressful situation and had to act quickly or whatever...any officer who mistakes a gun for a tazer under ANY SITUATION should NEVER have any sort of badge! "

" OK NVC,,, could it be that it stands for Napa Valley Cop?

~Shrugs doesn't matter...

Being in the civil rights movement from barely out of diapers, to being a Junior Panther, to dealing with the system within AND without, to PERSONAL experience, Would more then likely fall on deaf ears !

The defendant should pray for a juror like you!
Do yourself a favor and research the DOJ ( U.S. Department of Justice) site and look at the stats!

Or, look at the tape!

Or, even attend the trial and listen to the facts as they are presented!

If you've noticed, I haven''t made a determination of guilt...The facts are the facts until they change and until such..I do believe based on the above I am more then correct!

Perhaps you think this officer will be thrown under the bus to appease the residents of Oakland? Its a big conspiracy?

I think not!

Ever hear of a DWB? Or even the old joke from the civil rights days?

A *militant* person of color was found in the river, chains wrapped around his neck , hands and feet. Sheriff looks at the body and says...Just like a Stole more chains then he could swin with!

Relax !

I smile at that joke, its a bittersweet one as I have lived it all my life.

No matter how much money I made , clothes I wore, cars I drove or homes I OWNED , or lived in, skin COLOR, dictates how I was / am treated by law enforcement! Oscar had had enough, and it killed him! "

" ADark1,

wow, no not a cop.

Link the DOJ stats. I have been referring to CA officers. I wouldn't doubt some states in certain counties.

I watched the tape. Over and over in slow mo & paused frame. Do the same without emotion or assumption.

"If you've noticed, I haven''t made a determination of guilt...The facts are the facts until they change"

Here, we agree entirely.

"Perhaps you think this officer will be thrown under the bus to appease the residents of Oakland? Its a big conspiracy?"

If our society has digressed to this, we have more to worry about.

"No matter how much money I made , clothes I wore, cars I drove or homes I OWNED , or lived in, skin COLOR, dictates how I was / am treated by law enforcement!"

I guess I should say 'Awe' and give you a hug here but I'm just not feeling it. ;) Things have come a long way since the late 50's early 60's. Are they perfect? Of course not, they never will be. People of ALL skin colors get hassled, depending on what they look like, where they are and at what hour of night/morning
(picture late night white tweakers)
Forgive my insensitivity, but I came out of farmers . . . $uck it up and keep working.

And no I've never heard of the DWB or the joke. I grew up with Saturday Morning Cosby Cartoons and never knew racism. I guess I was lucky. But it's made me defensive if I'm implied as such. (not that you have, BTW)

Don't let your past negative experiences hold you back from future positive ones. "