BART Cop Needs to Be Held without Bail

I have yet to see any widespread nationwide coverage on the New Year's execution style murder of Oscar Grant by a Bay Area Rapid Transit -- BART -- police officer. Somebody told me that they saw 5 minutes of coverage on CNN last night. I would think they would syndicate it across all networks by now. According to CNN.com, BART Officer Johannes Mehserle has resigned after receiving death threats. Look at the video; what do you expect?

BART is being sued for $25 Million; I would say make it $50 Billion if it's a realistic number. Otherwise, they need to cover full damages. There is no reason for that officer to be walking the streets. Mehserle needs to be held without bail as he as an apparent danger to himself and society. Protests over the BART shooting have already turned violent.

Regardless of all the change, these situations appear to remain as a recurring epidemic in American culture. Until police officers are required to act as human beings; as long as they are allowed to act as animals; I ask today's youth to avoid situations where executions with such a blatant disregard for life are likely to occur. My response to such a request as a former troubled teenager would be that I can't afford to get out of my projects, my ghetto, my situation. My response now to anyone who shares these sentiments is to seek education as high as required to give you the foundation to seek a job or a business opportunity that will extract you from tyranny.

UPDATE:

NBC footage shows protesters chanting "No Justice, No Peace," while some light a dumpster on fire in the middle of an intersection that a squad car is trying to cross. Protesters block and jump on top of the squad car. The reporter gets shot with a bean bag. Stay abreast of this developing story following me on Twitter.

Comments

[JohnSawyer]

The latest:

www.ktvu.com/news/18475843/detail.html

The KTVU article has some disturbing speculation:

"...legal analysts said the case boils down to Mehserle's reason for pulling the trigger....Few analysts believe Mehserle will face first-degree murder charges because prosecutors would have to convince a jury that the officer intended to kill Grant."

I'd say if you shoot someone in the back, the way Mehserle did--bracing himself in the shooting stance, putting both hands on the gun, and pulling the trigger--you intend to kill that person. Mehserle knows how anatomy works, and how it interacts with a bullet. Just because Mehserle briefly acted as if he was surprised about what he did, doesn't mean he didn't intend to kill. Strangely, the basis for a first-degree murder charge is whether he went into the BART station to kill Grant specifically.

"A second-degree murder charge carries a potential life sentence, but proving Mehserle's actions were so outside the norm to warrant such a serious accusation will be difficult...."

I'd say his actions were far outside the norm.

"A less serious manslaughter charge...is more likely...."

"The attorney said he expects Mehserle to raise a self-defense argument because he was responding to reports of a brawl and people had not been searched before he arrived at the train station."

So Mehserle went into the station, said to himself, "That guy hasn't been searched--I'd better shoot him"? I don't think so.

[Joyful Woman]

It seems to me that your make it clear that any form of silly defense is refutable by that video. I thought his surprised look was an act.

[JohnSawyer]

Yes, I'm pretty down on the guy. Even if he said he pulled his gun "just in case it was needed to keep the suspect at bay", and that his trigger finger twitched involuntarily--that's a silly excuse too. It wasn't necessary for him to pull his gun under the circumstances. That's plain from the video.

Some cops are unreasonably nervous about any member of the public they deal with. I have a very sweet white female friend, who I was with when her car was pulled over in Berkeley, for going through an intersection that was supposed to be right turn only, in a nice neighborhood. For some reason, right after the cop parked behind my friend's car, my friend got out of her car, and stood in her car's doorway to apologize to the cop for going through the intersection. Dumb, I know. The cop, who was halfway between the squad car and my friend's car, freaked out and ran back to her squad car, crouched behind her car's open door, and SCREAMED at my friend to get back in her car. I know my friend was acting dumbly--I'd never do what she did--but the cop's reaction was pretty extreme. I know the cop didn't know whether my friend was as sweet as I know she is, but the cop's reaction was to truly freak out, showing how nervous some cops can get even when the person they're dealing with doesn't fit a "danger profile".

[Joyful Woman]

ATTENTION *** ATTENTION *** ATTENTION

FORMER BART OFFICER JOHANNES MEHSERLES HAS BEEN ARRESTED IN NEVADA.

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

[Madmick]

At a BART sponsored community meeting this past Sunday, one of the community speakers pointed out that the BART investigation has essentially been a sham -- nothing more than a delaying tactic -- since they have had NO authority over Officer Mehserle since his resignation. Since his resignation, authority has rested with the District Attorney and with Oakland Police Department over whether or not former Officer Mehserle will be charged. BART has now announced that they have provided the results of their investigation to Alameda County District Attorney Tom Orloff. Mr. Orloff has indicated that he will make a decision about whether or not to charge former officer (and now private citizen) Mehserle "within a couple of weeks." You can contact the DA using the information below to share your feelings about his rather relaxed timeline about the prosecution of Mr. Mehserle:

Tom Orloff
Alameda County District Attorney
1225 Fallon Street, Room 900
Oakland, CA 94612
Telephone: [phone]
FAX: [phone]

[Joyful Woman]

Thank you for this post. Truly. I, like many have been disheartened with the lack of professionalism, zeal for the law and basic civic decency with which the BART officials and state prosecutors have carried out their duty to arrest this man. Thank God he has been arrested.

[scottymac11]

joyful please If you are not familiar with the case Google Tarika Wilson from Lima Ohio. The incident occured almost exactly 1 year before Mr. Grants shooting.

[Joyful Woman]

I didn't know about this. I have no words. Wait, yes I do. I keep mumbling, "Oh Lord, Oh Lord , Jesus, Jesus." With my hand over my mouth, I am shaking my head, my heart is heavy, and I am trying to wrap my mind around trying to understand why the Law of this land still hates Black bodies. Why does America devalue Black bodies still? Today? People can post what they want, but America holds great disdain for Black people. Black people are caught in a perpetual state of post-slavery hatred.

A mother and a child? It reminds me of how Whites used to l y n c h pregnant mothers [I will spare you the details since my previous post may have been deleted] Disgusting right? This barbaric act against this mother and child is just as heinous.

I know that not all of America is racist. I am comforted by the fact that many Whites and non-Black people of color in this country (and all over the world) who are standing up against the brutal execution of Oscar Grant. Thank God he has been arrested.

[Joyful Woman]

BART has finished a preliminary internal investigation, the officer filed a basic incident report, and the internal report has been sent to the DA. Here's the story:

http://www.mercurynews.com/breakingnews/ci_11436536

[Madmick]

Joyful, if the article says that the officer filed a basic incident report that would be incorrect. At the community meeting on Sunday, BART Chief of Police Gary Gee confirmed that Mehserle did NOT file a basic incident report as protocol would have required although incident reports were taken from the other officers who were present on the platform.

[Joyful Woman]

That is very interesting. Why is this misinformation circulating? To improve BART's image with respect to this case?

[Joyful Woman]

The internet bloggers introduce the officer's father...I told you it gets more sordid everyday.

http://sfist.com/2009/01/12/todd_mehserles_angry_internet_histo.php

[Joyful Woman]

Go to www.news.google.com and www.youtube.com and perform two separate searches for the following names:

1. Adolph Grimes

2. Julian Alexander

The killing of young Black men by cops is becoming a daily happening.

[Joyful Woman]

State of Mind Theories?

I think he had some subconscious racism going on and reached for gun in reality. If you notice, he was very rough with the detainees...he and the "kneeler on the head" cop.

[ebanks84]

The victim was handcuffed and down. It doesn't matter what he was saying or doing at that point that could have been cause for him to be shot.

The officer was wrong and should be held responsible for the victim's death. We have cops who are too ready to take someone's life for no reason whatsoever. Tension and fear reigns among cops
where they are in a mode of "self-protection" that is detrimental to all citizens. That could have been any one of us meeting our death that day by the hands of this officer.

We must retrain our policemen to NOT draw weapons on people who are already no threat to them. To beat a man when he's down is the epitome of gregarious behavior and total disrespect of human nature.-------

[Luvial]

It is interesting to contrast the emotional voice of the TV reporter while describing the police car being "attacked" with the lack of reporting on the killing of an innocent person by a police officer.

Also, we should not just focus on this one police officer, but look at the entire law enforcement system in America that allows this to happen everyday. When there is no accountability there will be injustice. There is no accountability for law enforcement in America. There is plenty of injustice and it is growing daily.

[northsongs]

"Amerika" the beautiful?
Hold on people ... this ride is just getting going!

[Joyful Woman]

Even I, ever watchful on this case, have found a new video. This case is becoming more and more sordid each day:

http://www.youtube.com/watch?v=aGjciRojRng

[AnotherMcIntosh]

Thanks for the link.

As observed in the new video by the local newscasters, the officer was wearing a holster for his laser on his left side - opposite to that of his gun side.

This, and the fact that he can be seen taking a firing stance and holding his gun in two hands immediately prior to the shooting, should be enough to convince any reasonable thinking person that the excuse that "he-might-have-thought-that-he-was-using-a-laser" is a hollow one.

The video also corroborates actual malice in another way. It shows, as observed by a commentator at the Utube site, the officer needlessly kicked Oscar Grant after he shot him.

[karinova]

I seriously cannot even believe "I-thought-it-was-my-taser" is getting any play at all.

If I can instantly tell a nickel from a penny without pulling it from my pocket, a trained officer ought to be able to tell his left from his right.

Good lord.

[Joyful Woman]

It is quite plausible that he kicked him to show his disdain for [black] "criminals" and is still power-tripping. He is completely insensitive to the fact that he just shot a man through his internal organs and he is on the ground pleading for his life.

[scottymac11]

I'm sure that 40 cal had a safety that needed to be released to shoot. How could he have done that accidentally?

[OverseasObserver]

Thank you for the link.

So after the shooting, the killer was just walking around freely and still armed with his gun. How comforting!

[Joyful Woman]

I've seen several videos several times; a few issues remain problematic. I know 5, 10, even 15 seconds is a very short amount of time, but not milliseconds.

1. The officer appears to slightly reach for his gun the "1st time," but goes back to handling Mr. Grant. Upon his "2nd" reach, I notice:
2. The officer steadies to his knee and also looks to the right and pulls on his weapon, it does not come out of the holster without extra pulling.
3. He then tugs in such a way that his right shoulder becomes engaged; you can see his right elbow rise behind his back as he tries to pull the gun from the holster that does not give so easily. How many pulls? Two, possibly 3. I need to count.
4. He then goes to stand, but is off balance, he aims, and shoots.

Considering all these actions in total, wouldn't he know he was accessing his service revolver? I mean, stressful situations not withstanding, the crowd seems to be mainly yelling and not posing a threat. Also, the other officers do not appear to too hyped. The other officer who subdued Mr. Grant's head/neck jumps up when he sees the gun--he clears himself--then jumps back as the gun is fired.

I realize there may be some folks who may be pro-Mehserle to differing degrees and reasons. I am interested in what some of you have noticed while viewing the videos.

Discuss.

[SeanONe]

nah

[Joyful Woman]

Who are you? P. Diddy?

"nah" to what? Did I lie? Misrepresent? State your case...

[alexis d]

I'm not interested in dissecting finer points, because I don't think there are any that could make a difference. An officer fatally shot someone who clearly didn't pose any kind of threat. Whether or not he thought he was using a taser, which I find to be a desperate reach in any case, is irrelevant. That would be no kind of defense even if it was true, which I find hard to believe it is.

Disgusting.

[Joyful Woman]

I don't think these are finer points at all. My observations clearly illustrate an intent to "get that fun out" and use it (going from knee to standing).

The finer points that you deem unnecessary will be dissected by those involved with the case.

[Joyful Woman]

Moreover, Oscar is using his cell phone and the "kneeling on the head/neck" cop walks over and starts punching and snatching him up. Then Mehserles assists the officer with cuffing the young man to Oscar's left; he then moves over to Oscar and starts roughing him up...even though the other cop was beating him off, Mehserle joins in and it is through his tactics that Oscar lands on his face.

Notice the other cop just cuffs the young man and then proceeds to talk into his police radio. Now, why couldn't these other two cops just do the same thing? Oscar would likely be alive today had they followed police procedures the way they were trained.

[JohnSawyer]

I've sat on the bench shown in the video, to the right of the group of cops, a number of times over the past 29 years, waiting for BART trains. It sickens me to see this. Mehserle just pulled out his gun and shot the guy, who was face-down on the concrete, and not moving nearly enough to justify being shot, to make sure he didn't move at all, just for the convenience of the cop. Mehserle (dark hair, farther from the camera, standing near the wall) was having some trouble pushing Grant down at first, but Grant finally stayed down, especially when the bigger cop with the nearly bald head, closer to the camera, helped hold Grant down, until he saw Mehserle stand up, reach for his gun, and shoot Grant.

Whenever I sit on that bench in the future, I'll remember what happened as I turn my head and look at that spot.

[Joyful Woman]

I can see how being at the "scene" will never be the same for you again. Sad. And think of all the other riders who must walk through there daily.

[rowzeer]

I know some of you may be surprised by this but cops treat different races differently. In my town when I would hang out with white friends, who were much wilder than my minority friends were, we never got into any kind of trouble even when we were doing things that really could have gotten us jailed. Police would just tell us to go home. When I went out with minority friends even when we weren't doing anything we got the third degree and if you dared talk back or question them off to jail you went. And your physical treatment wasn't done with kid gloves.

[AngieMom57]

In New Mexico it is just the opposite. If you are Hispanic you get sent home for DWI if you are white in a BMW you go directly to jail.