BART Cop Arrested for Murder

[mamacatnv]

I wasn't there nor have I seen any video - thus the reason I am reserving judgement. The article the OP posted stated: In the videos, Mehserle appears to be trying to put cuffs on Grant, and Grant appears to be struggling.
I was clueless until this popped up in our paper this morning.
It is my understanding from what our paper said, was that he did not "flee" but that he felt he was unsafe and went to a Friends house in the Lake Tahoe area.

 

[Oreo Cookie]

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.

I agree with you. The cop should be arrested and let the evidence be presented in a court of law. Something is terribly wrong.

I don't know much about the deceased, but you are right, the cop had no authority to be judge, jury and executioner.

Regarding Oakland at night, what is that suppose to mean? Shoot first, and ask questions later. Police in major cities encounter dangerous situations everyday and are trained to handle them. The suspect was restrained and handcuffed, why shoot?

 

[RadioNate]

I've seen the video - it is all over YouTube, search BART shooting.

You see him with his hand up in the 'don't shoot me' position. They lay him face down on the ground, another office is sitting on top of him when the arrested officer stands up, takes out his gun and shoots him in the back.

He isn't struggling, he is laying there with another officer sitting on him.

It is murder, there is no huge chaos. No one is fighting with the officer. He just stood up, pulled out his gun and casually shot him. No warning, no nothing, just shot him.

 

[MarkBarbieri]

I've seen the video - it is all over YouTube, search BART shooting.

You see him with his hand up in the 'don't shoot me' position. They lay him face down on the ground, another office is sitting on top of him when the arrested officer stands up, takes out his gun and shoots him in the back.

He isn't struggling, he is laying there with another officer sitting on him.

It is murder, there is no huge chaos. No one is fighting with the officer. He just stood up, pulled out his gun and casually shot him. No warning, no nothing, just shot him.

I saw the same video. I agree that it looks very, very bad. It's definitely enough evidence for me to recommend a trial. I'm still not ready to convict him of murder until after the trial. Let's see his defense first.

 

[Dizzy4Disney90210]

Looks like a restrained kid was shot point blank, to me.

 

[RadioNate]

I saw the same video. I agree that it looks very, very bad. It's definitely enough evidence for me to recommend a trial. I'm still not ready to convict him of murder until after the trial. Let's see his defense first.

Your right and I should probably rephrase and say that murder is the appropriate charge. It is clear (to me at least) that he should be arrested and indicted on murder charges.

While I do believe in innocent until proven guilty, in this case, those lines are blurred because there is so much video of the shooting available for anyone to see.

I do wish you could her audio but there were so many people in close proximity who I'm sure will be able to testify about whether or not the arrested officer gave any warning that he was going to shoot. Even if the other officers do try to 'protect their own' there are 3 or 4 other guys sitting within a few feet of the victim.

I have a feeling they will go with the "I thought it was my taser" defense.

 

[MarkBarbieri]

I have a feeling they will go with the "I thought it was my taser" defense.

I don't know much about criminal law. Even if he thought it was his taser, couldn't he still be convicted of something like involuntary manslaughter?

 

[Oreo Cookie]

I've seen the video - it is all over YouTube, search BART shooting.

You see him with his hand up in the 'don't shoot me' position. They lay him face down on the ground, another office is sitting on top of him when the arrested officer stands up, takes out his gun and shoots him in the back.

He isn't struggling, he is laying there with another officer sitting on him.

It is murder, there is no huge chaos. No one is fighting with the officer. He just stood up, pulled out his gun and casually shot him. No warning, no nothing, just shot him.

The video is very disturbing to watch, it looks like an execution. The man is lying down handcuffed, and the cop stands up and shoots him in the back. I agree that murder charges are correct. The cop deserves his day in court, something he denied this young man.

 

[Lib E]

Your right and I should probably rephrase and say that murder is the appropriate charge. It is clear (to me at least) that he should be arrested and indicted on murder charges.

While I do believe in innocent until proven guilty, in this case, those lines are blurred because there is so much video of the shooting available for anyone to see.

I do wish you could her audio but there were so many people in close proximity who I'm sure will be able to testify about whether or not the arrested officer gave any warning that he was going to shoot. Even if the other officers do try to 'protect their own' there are 3 or 4 other guys sitting within a few feet of the victim.

I have a feeling they will go with the "I thought it was my taser" defense.

I don't think he will be protected by the other officers. The reaction of the officer who was sitting on victim speaks volumes about how unexpected and unnecessary it was. It wasn't premeditated, but it sure seems to fill the willful and deliberate qualifications of a first degree charge.

 

[Tink&SquirtsMom]

Glad they finally charged him. The video leaves little to question.

To Mamacatnv yes I have been to Oakland at night. I used to live in that area, and have ridden the Bart many, many times through that station. My dh used to commute through there daily... often at night. I can't see why the location of the incident would be a justification.

 

[funkehouse]

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?

yup i sure have, and i now have confirmation that the SCARIEST people are the cops. Im sure there are SOME good ones also, but there are so many dirty cops there its rediculous. some cops are by the book, but lots of others abuse thier power. you may not notice it as white suburban mom, but i guarantee you that any black man or any latino man agrees. Im a white male and i have NEVER been arrested in my life, but i get hassled all the time by cops. they think because im a big white guy with a shaved head that im a criminal and this couldnt be further from the truth, im a travel agent. I hope this cop gets what he deserves, he killed that kid with his hands behind his back. an eye for an eye in my opinion....

 

[Reflection]

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?

Yes, I have been in Oakland late at night. I've been at the Fruitvale Bart station late at niight. I have a family who live in that area. Your comment merits an and your insinuation about violence in Oakland does not in any way justify the arrested officer's actions.

 

[minnieandmickey]

yup i sure have, and i now have confirmation that the SCARIEST people are the cops. Im sure there are SOME good ones also, but there are so many dirty cops there its rediculous. some cops are by the book, but lots of others abuse thier power. you may not notice it as white suburban mom, but i guarantee you that any black man or any latino man agrees. Im a white male and i have NEVER been arrested in my life, but i get hassled all the time by cops. they think because im a big white guy with a shaved head that im a criminal and this couldnt be further from the truth, im a travel agent. I hope this cop gets what he deserves, he killed that kid with his hands behind his back. an eye for an eye in my opinion....

So I can assume that there are SOME good travel agents and the rest are all crooks, I mean all I see on the news is how travel agents just leave people high and dry.
MOST cops are in the profession to serve and protect their communities. Unfortuanately all you see is the BAD on television. You didn't see the cop that helped the child and mother get away from thier abusive father/husband that day. You didn't see the cop that arrested the child molester that day. You weren't there with the cop to tell the family that their loved one had died in a horrible crash. You weren't there, so you don't know what these brave guys do every day just to have some stupid piece of garbage come along and make the whole profession look bad. Him like every other criminal will get his day in court. My worry is that he won't get a fair trial, or will get off because of a mistrial because with all the press how will he get a fair trial, and my husband will be called into Oakland to deal with a riot, and I will be at home hoping that it isn't the last time I see him. Oh but you wouldn't know what that is like either.

 

[lisadr]

There is another angle of the shooting being released.

http://uk.youtube.com/watch?v=ZKKQ-gzc_Yw

 

[bimshire]

It's a God send that we're in the age of video and cellphones. Without them, the loyal ones would be backing these bad cops with the excuse that it's the stress of the job.

Furthermore, I won't be surprised if he's acquited like so many others.

 

[JimFitz]

I see police struggling trying to hold someone down and then I see a cop shoot someone he probably should not have. First degree murder, no way. Some degree of murder.....yes.

 

[SeeVee]

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.

No snarkieness taken.

It could have been that he thought he was reaching for a taser. It would not be the first time that has happened. There was a Chicago Sergeant who did the same thing a few years ago. And like this case, it was after recently after her department recieved tasers.

I cant imagine that he pulled out his weapon in that situation unless he saw something that we did not see on the tape. If he indeed intended to pull out his weapon, then he screwed up by not indexing (keeping his finger out of the trigger well) unless and until he meant to fire. In that case, I can understand a charge of negligiant homicide but not murder.

If he meant to pull out a taser, and accidentally pulled out his weapon, I am at a loss as to whether he should be charged.

Keep in mind, this former officer has a baby that is about two weeks old. That might be the only thing keeping him from eating his gun. You can tell from his reaction right after the shot, that he knew he screwed up.

This is a tragedy for everyone involved.

 

[SeeVee]

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.

Yes. Mistake. Mistakes happen, surely you are not denying that mistakes happen. And I am not minimizing what happened by calling it a mistake. The results were horrific. But I believe it to be a mistake nonetheless.

NOt sure what a mistake has to do with the victims family suffering or not suffering. I know they are in pain. There would be something wrong with them if they were not in pain. I am sure the officer and his fmaily are suffering over this as well.

 

[SeeVee]

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.

Because murder takes intent. I do not believe he intended to shoot.

 

[SeeVee]

It was an 'accident'? 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?

He was not restrained. They were attempting to place him in custody and he was still resisting. I think he meant to pull out a taser and pulled out the wrong weapon instead with tragic results. The x-26 taser has the look, feel, and even the weight of many duty weapons. As soon as the gun shot goes off, you can see the officer's shock. Even the other officers on the scene stop there actions in shock.

I am not minimizing the death of the victim. It was terrible beyond words. I just dont think the officer intended to shoot the victim.