BART Cop Arrested for Murder

bsc22

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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/13/BAM615A08A.DTL

01-14) 00:13 PST Oakland -- The BART police officer who fatally shot an unarmed man on an Oakland train platform and then refused to explain his actions to investigators was arrested Tuesday in Nevada on suspicion of murder, authorities said.

Johannes Mehserle, 27, of Lafayette was taken into custody in Douglas County, Nev., said Deputy Steve Velez of the Douglas County sheriff's office. The arrest was also confirmed by David Chai, chief of staff to Oakland Mayor Ron Dellums.

Mehserle was arrested in the New Year's Day shooting of Oscar Grant, a 22-year-old supermarket worker from Hayward who was lying facedown after being pulled off a BART train by police investigating a fight. An Alameda County judge signed an arrest warrant alleging murder, and Mehserle surrendered without incident, authorities said.

The shooting, which was recorded by passengers in videos widely circulated on the Internet and television, prompted public outrage, and some viewers said that the shooting appeared to be an execution.

Sources said Mehserle was in Nevada because he feared for his safety after death threats were made against him. Douglas County is 15 miles south of Carson City in northwestern Nevada and includes part of Lake Tahoe.

Mehserle's attorney, Christopher W. Miller of Sacramento, confirmed early today that his client was arrested on suspicion of murder. He said he would not comment further until a news conference today.

Alameda County District Attorney Tom Orloff was expected to announce details of the arrest today. He could not be reached late Tuesday.

Authorities have been under immense pressure to take action in the case. On Tuesday, BART board President Thomas Blalock and board Director Carole Ward Allen sent a letter to Orloff, urging the district attorney to move expeditiously to complete the investigation and file charges if warranted.

Some Oakland community leaders and civil rights activists said the case is symbolic of larger problems with police officers using excessive force on young black men. Grant was black and Mehserle is white.

The arrest came on the eve of a protest scheduled for 4 p.m. today outside Oakland City Hall, the latest in a series of demonstrations in which BART has been accused of mishandling the investigation.

BART police on Monday turned over the results of their preliminary investigation to Orloff's office. A separate investigation by Oakland police was launched last week, and Mehserle's arrest was related to that probe, sources said. The state attorney general is also monitoring the case.

BART officers had detained Grant and several other passengers at about 2 a.m. Jan. 1 as they investigated a fight aboard a train from San Francisco. Passengers with cellular phone cameras captured footage that shows Grant lying facedown when he was shot.

In the videos, Mehserle appears to be trying to put cuffs on Grant, and Grant appears to be struggling, when Mehserle suddenly pulls his service weapon from his holster and fires one shot into Grant's back.

Mehserle declined to speak to BART criminal investigators after the shooting. Then last Wednesday he resigned rather than answer questions from BART's internal affairs division.

His departure came the same day Grant was buried and a peaceful protest at the Fruitvale BART Station erupted into violence in downtown Oakland. Demonstrators set cars on fire and broke windows at dozens of businesses. By night's end, police had arrested 105 people.

Grant's family has filed a $25 million legal claim against BART, signaling an intention to sue for damages. The family's attorney, John Burris, said late Tuesday that he was pleased to hear of Mehserle's arrest.

"If it's true, the family is delighted, and it will really help with the healing process," Burris said. "This is also very important for the community. This had to occur; it was almost a no-brainer. I think the district attorney ought to be commended for moving (the case) expeditiously."

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Hopefully justice can be served....
 
Good.

Something went terribly wrong, so I think arresting him is the right decision. It looked like an execution, so murder charges are appropriate.

I don't know what his defense could be.
 
There are at least three cell phone videos and other videos that the public hasn't seen. It was cold blooded murder. Anything less than a first degree murder indictment would be a mistake.
 
There are at least three cell phone videos and other videos that the public hasn't seen. It was cold blooded murder. Anything less than a first degree murder indictment would be a mistake.

I agree. From what I've read it was cold blooded. I don't know what excuse they can come up with to defend his actions.
 

Thank goodness.... the video I saw surely seemed like a cold blooded murder...

I am disturbed that they tried to get the videos from the witnesses at the scene....
 
I'm retracting my comments until further details are available.

Unless you have ever been in Oakland at night - don't be so quick to judge. We take BART whenever we visit SFO and I always hold my breath, especially at the Fruitvale station in the heart of Oakland.
 
that is so sad even if he was involved in that fight that was no reason to shot him :confused: :sad2:
 
Good.

Something went terribly wrong, so I think arresting him is the right decision. It looked like an execution, so murder charges are appropriate.

I don't know what his defense could be.

How are you justifying those two positions? Something went wrong but it looked like an execution.

The guy made a mistake A HORRIBLE MISTAKE but a mistake nonetheless. He did not set out to murder -cause the intentional death of a person.

He is suffering in ways you cant imagine. I dont think murder is an appropriate charge.
 
There are at least three cell phone videos and other videos that the public hasn't seen. It was cold blooded murder. Anything less than a first degree murder indictment would be a mistake.

YOu honestly think the guy intended to shoot the victim, really?
 
How are you justifying those two positions? Something went wrong but it looked like an execution.

The guy made a mistake A HORRIBLE MISTAKE but a mistake nonetheless. He did not set out to murder -cause the intentional death of a person.

He is suffering in ways you cant imagine. I dont think murder is an appropriate charge.

I guess you make a good point, my post was not clear.

Why do you see it as a terrible mistake? Do you think he was reaching for his taser and accidentally pulled his gun? I would hope a police officer would know the difference.

What's bad about this, is that most police officers do a great job, and then there are a few that get in the news for the terrible things they do.

What do you think he should be charged with? Reckless endagerment? I'm not being snarky, but I'm curious.
 
Why do you see it as a terrible mistake? Do you think he was reaching for his taser and accidentally pulled his gun? I would hope a police officer would know the difference.

.
ITA
I might believe the "grabbed the wrong weapon "defense if he was being approached aggressively.... but the guy was subdued and there were plenty of other officers for backup.....
 
How are you justifying those two positions? Something went wrong but it looked like an execution.

The guy made a mistake A HORRIBLE MISTAKE but a mistake nonetheless. He did not set out to murder -cause the intentional death of a person.

He is suffering in ways you cant imagine. I dont think murder is an appropriate charge.

A MISTAKE????

How do you accidentally shoot a man in the back that is handcuffed, faced down on the ground?

The victim's family is suffering in ways you can't imagine.
 
A MISTAKE????

How do you accidentally shoot a man in the back that is handcuffed, faced down on the ground?

The victim's family is suffering in ways you can't imagine.
Article stated he was trying to handcuff him but the victim was struggling.

I'm reserving Judgement for more details and facts - you ever been in Oakland at night?
 
How are you justifying those two positions? Something went wrong but it looked like an execution.

The guy made a mistake A HORRIBLE MISTAKE but a mistake nonetheless. He did not set out to murder -cause the intentional death of a person.

He is suffering in ways you cant imagine. I dont think murder is an appropriate charge.

From the videos I've seen, I think that a murder charge is very appropriate. The officer will have his day in court. I'll reserve final judgment until then. For now, though, I can't see any reason not to prosecute for murder.
 
YOu honestly think the guy intended to shoot the victim, really?

It was an 'accident'? :confused3 The victim is lying face down, restrained by two other officers and the ex cop removes his gun from his holster, points it at the victim and pulls the trigger. How is that an accident? :confused3
 
Article stated he was trying to handcuff him but the victim was struggling.

I'm reserving Judgement for more details and facts - you ever been in Oakland at night?

Nope, but I grew up and still live in an inner city section of Brooklyn.:confused3
 
Article stated he was trying to handcuff him but the victim was struggling.

I'm reserving Judgement for more details and facts - you ever been in Oakland at night?

no struggling in the video I saw :sad2: :sad2:
 
I guess you make a good point, my post was not clear.

Why do you see it as a terrible mistake? Do you think he was reaching for his taser and accidentally pulled his gun? I would hope a police officer would know the difference.

What's bad about this, is that most police officers do a great job, and then there are a few that get in the news for the terrible things they do.

What do you think he should be charged with? Reckless endagerment? I'm not being snarky, but I'm curious.

According to one eye witness, he had already threatened the deceased with the taser near his face. Why would he pull out his weapon later when the guy was restrained? Why would he resigned his position? He chose not to be investigated. The DA feels that there is certainly enough to bring charges.
I am not implying that the deceased is an alter boy but everyone deserves a trial before execution.
 

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