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BART Officer Found Guilty

BART Officer Found Guilty

This cellular telephone image provided by the Los Angeles County Superior Court shows an image taken, according to lawyers, by Oscar Grant, of former San Francisco Bay Area Rapid Transit police officer Johannes Mehserle shortly before Mehserle shot Grant

Associated Press

July 09, 2010

LOS ANGELES — A white former transit officer was convicted of involuntary manslaughter Thursday in the videotaped shooting death of an unarmed black man on an Oakland train platform, a verdict that touched off violent protests in Oakland that damaged businesses and led to at least 50 arrests.

Prosecutors had wanted Johannes Mehserle convicted of murdering 22-year-old Oscar Grant, who was shot once in the back as he lay face-down.

The jury’s conviction on the lesser charge raised concerns of a repeat of the days of rioting that followed the shooting on New Year’s Day in 2009. The incident is among the most racially polarizing cases in California since four Los Angeles officers were acquitted in 1992 in the beating of Rodney King.

Near Oakland City Hall, a crowd moaned and cursed Thursday when they heard the verdict, decrying what they called a lack of justice.

At least a dozen business were damaged after 9 p.m., including a Foot Locker store that was looted and a jewelry store that was ransacked. Windows were also smashed at several other businesses. Firefighters put out fires in several trash bins and at least one dumpster.

One person suffered a leg injury when some protesters started throwing rocks and bottles, officials said.


This Jan 14, 2009 file photo shows Johannes Mehserle, right, in the East Fork Justice Court in Minden, Nev. A jury reached a verdict Thursday, July 8, 2010, in Mehserle's trial, a former San Francisco Bay area transit officer accused of murdering an unarm

Oakland Police Chief Anthony Batts said that at least 50 people had been arrested and expected the number to double.

“We deserve better than this,” he said. “This city is not the Wild Wild West. We will allow people to protest and we will allow them to do it peacefully.”

Batts says officers from 15 different agencies responded to help Oakland police.

Before the incidents, Batts had described a mostly peaceful protest, although a small incendiary device had been set off near his department’s downtown station.

The chief’s briefing came as lines of police in riot gear worked to keep the crowd confined to a two-block area in the city’s downtown area.

“There is no need for this. This makes us look like animals. We came here for peace,” said Jonathan Trotter, 34, who watched the Foot Locker looters with disappointment. “This is a justification for the verdict.”

Some streets in Oakland had been deserted after workers went home early in anticipation of possible riots.

The anger is directed at the involuntary manslaughter conviction — the lowest offense Mehserle faced. The charge carries a sentence of two to four years, although the judge could add 10 more years because a gun was used in the killing.

“My son was murdered! He was murdered! He was murdered,” said Grant’s mother, Wanda Johnson, who earlier stared at jurors when the verdict was read.

Mehserle was taken away in handcuffs. He turned to his family and mouthed, “I love you, guys,” as his parents wept.

One female juror wiped tears with a tissue when the panel was polled on its decision.

The verdict followed a three-week trial in which prosecutors played videos by bystanders, and witnesses recounted hearing the frightening gunshot that killed Grant.

At least five bystanders videotaped the incident

Mehserle, 28, testified that he struggled with Grant and saw him digging in his pocket as officers responded to reports of a fight at a train station. Fearing Grant may have a weapon, Mehserle said he decided to shock Grant with his Taser but pulled his .40-caliber handgun instead.

Grant has become a martyr of sorts in a city where more than a third of residents are black. His omnipresent image on buildings and storefront windows arguably rivals that of slain hometown rapper Tupac Shakur.

The trial was moved from Alameda County to Los Angeles because of racial tension and extensive media coverage in Oakland.

Alameda County District Attorney Nance E. O’Malley said in a statement that while the jury did not agree with the prosecution’s belief that it was murder, the panel also rejected the defense contention that Mehserle had no criminal liability.

“The case is a tragedy in every respect. Oscar Grant should never have been killed at the hands of a sworn officer,” O’Malley said.

The case was a rare instance in which a police officer stood trial for an on-duty killing and that was captured on video from so many different angles.

The jury had a choice between murder and lesser charges of voluntary and involuntary manslaughter. The jury found that Mehserle didn’t mean to kill Grant, but that his behavior was still so negligent that it was criminal.

“It’s not real, it’s not real. Where’s the justice? He was killed in cold blood,” 23-year-old Amber Royal of Oakland said as a crowd near City Hall moaned and cursed when they heard the verdict. A dozen people gathered in a semicircle to pray.

Grant family attorney John Burris said they were “extremely disappointed” with the verdict.

“This verdict is not a true representation of what happened to Oscar Grant. This was not an involuntary manslaughter case,” Burris said.

Gov. Arnold Schwarzenegger issued a statement urging Californians to remain calm and not resort to violence. Schwarzenegger said he had informed Oakland Mayor Ron Dellums the state was well prepared to assist in maintaining order.

“As we have come to notice, and we as a family has been slapped in the face by a system that has denied us a right to true justice,” said Cephus Johnson, Grant’s uncle. “We truly do not blame the jury, but we blame the system.”

Legal experts said the verdict shows the jury sympathized with Mehserle’s version of events.

Prosecutors had a huge hurdle to overcome in convincing a jury that an officer with a spotless record meant to kill, even with video of the killing, said University of California, Berkeley, law school professor Erin Murphy.

“I think it’s a lesson that video can only get us so far,” Murphy said.

Defense attorney Michael Rains contended the shooting was a tragic accident. Mehserle had no motive to shoot Grant, even though he was resisting arrest, the lawyer argued.

Rains also said Mehserle told a colleague before the shooting: “Tony, Tony, Tony, I can’t get his hands. I’m going to Tase him.”

Rains did not respond to calls seeking comment.

Fallout from the shooting was swift in Oakland after the videos were shown on television and the Internet. The shooting and the nearly two weeks it took to arrest Mehserle sent the city into a tailspin of violence as downtown businesses were damaged, cars were set ablaze and clashes erupted between protesters and police.

Grant had recently been released from jail after being sentenced to 16 months for a gun possession charge filed after he ran from police and was subdued by an officer with a stun gun.

The jury included eight women and four men. None listed their race as black. Seven said they were white, three were Latino, and one was Asian-Pacific. One declined to state their race.

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