More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Rich Silverstein

GET UPDATES FROM Rich Silverstein
 

BART Shooting -- Peeling Back the Layers to the Truth

Posted: 07/09/10 06:23 PM ET

News came this week that the U.S. Justice Department will review the case of a New Year's Day 2009 BART police shooting, following recent protests and a vocal outcry from Oakland, California's black community. The case involves the fatal shooting of an unarmed man, 22-year-old Oscar Grant, by former BART police officer Johannes Mehserle. Mehserle was convicted in State court this week of involuntary manslaughter, but many in the community say this charge falls short.

The shooting garnered national attention because there were at least six cellphone cameras on the BART train car to capture the event. However, in this new age where absolutely everyone has a camera, there can be drawbacks. Video footage of an event that is grainy, obscured, distant or from just one perspective becomes absolute truth. The ostensible reality of such raw footage dispels any doubts or questions observers may have, and when it is streamed a thousand times on the news each night, it simply becomes wallpaper.

In reality, when you think you're seeing everything, you're really seeing nothing. But if you peel away some layers, all of a sudden you're looking at the gun; peel back another layer and all of a sudden you can see the expression of horror on Mehserle's face; or Oscar Grant's desperate pleading. In the following video, I sought to add depth to the original interpretation of this tragic event, in order to reveal more of the story. If you remember the first grainy footage following the shooting, dispel the ingrained "YouTube truth" you may be harboring, so that you can look for what's new, what wasn't there before. This video is best (indeed, should only) be watched on Full Screen mode with good speakers or headphones.

 
News came this week that the U.S. Justice Department will review the case of a New Year's Day 2009 BART police shooting, following recent protests and a vocal outcry from Oakland, California's black c...
News came this week that the U.S. Justice Department will review the case of a New Year's Day 2009 BART police shooting, following recent protests and a vocal outcry from Oakland, California's black c...
 
 
  • Comments
  • 3,554
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (55 total)
HUFFPOST SUPER USER
RJPCambridge
10:23 AM on 07/21/2010
A true horror show.

And the cop murdered someone.

Period.
05:38 PM on 07/16/2010
Yes, we are all like an onion that needs to be peeled. First impressions rarely show the truth, in person.....or on camera.
photo
HUFFPOST SUPER USER
millicent101
11:29 PM on 07/16/2010
What part did you miss? How Oscar ended up sitting against the wall? Irrelevant. He was talking on the phone! ignored by everyone (no, put the phone down) said 'Shut up you guys', hung up the phone, looked kinda distracted and pointed (in case anyone was looking or paying attentio) that a way, stood up, brushing off (looked kinda stiff) and was assaulted, kicked and murdered. Nobody said 'Sit, Down' . That is all that matters, nothing else.
HUFFPOST SUPER USER
RJPCambridge
10:24 AM on 07/21/2010
He knew he was acting out when he stood up.
Should not have been murdered for it.
photo
HUFFPOST SUPER USER
Ecoutez
02:52 PM on 07/16/2010
For all these armchair criminal theorists who believe Meserhle "made a mistake," I wonder how they'd analyze the Sherrice Iverson case of 1997. Check it out by typing her name in your search engine.
HUFFPOST SUPER USER
dbrett480
09:44 PM on 07/14/2010
It seems as though this has turned into a referendum on the appropriate use of tasers in law enforcement. Most law enforcement agencies see a sharp decrease in the number of officer involved shootings after introduction of the taser to the department. Also 99.75% (Wake Forest University School of Medicine study) of time, tasers result in none or minor injuries. No weapon is perfect, but compare this statistic to batons, brute force, and guns.
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
11:27 AM on 07/15/2010
Or compare talking to people, being respectful and maybe backing off a little instead of escalating every situation. Cops used to be respectful, now they start of with a beligerant attitude and insist on humiliating people. So now they have tasers with no accountability. Now cops tase anyone they want, from pregnant wonen, to people in wheel chairs, to old men to mentally disturbed people. Well, like the man said, there are lies, there are big lies, and then there are statistics.
HUFFPOST SUPER USER
dbrett480
01:48 PM on 07/15/2010
I've used a taser on multiple occasions and find it very useful. I have never used it (or seen it used) on pregnant women, handicapped, and old people. I have seen it used on several people that were later determined to be mentally disturbed. It is almost impossible to determine someone's psychiatric history in the field, especially when they are assaulting you or someone else.
photo
HUFFPOST SUPER USER
Al Nava
Working-Class & Progressive Revolutionary Leader
04:32 PM on 07/29/2010
Many, not all, Police Officers become hostile when they believe they are on "defense", when they should just sit back, listen, & learn.

R.I.P. Oscar Grant!
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
11:55 AM on 07/15/2010
WFU School of Medicine and the North Carolina Baptist Hospital form an academic medical center that operates under the name of Wake Forest University.

Is this like Bush's torture lawyers?
HUFFPOST SUPER USER
dbrett480
01:43 PM on 07/15/2010
No, it is a legitimate peer-reviewed study based on many cases from different departments. Unlike those done by Amnesty international that are based on anecdotal evidence.
photo
HUFFPOST SUPER USER
maverick77
08:53 PM on 07/14/2010
Regardless of whether the officer was going for his gun or tazer, there is a serious problem with law enforcement. We don't encourage those with the best skills to pursue the profession nor pay well enough to make the profession very attractive. In philosophy, we've also changed the job description/matra from "PROTECT AND SERVE" to "LAW ENFORCEMENT". So, instead of helping the public, the officers are there to watch and punish the public.

Unfortunately, these changes have seemed to lead to some issues with, say, customer service and much to liberal use of the tazers. We've all seen videos of other events where they've been deployed far too easily and this is no exception. Though, in this case, it seems the officer may have made an even bigger mistake. Regardless of whether his cause is valid, I believe this should remind us of the issues facing our country in law enforcement, the power dynamic and differential, and hopefully we can find ways to improve our system.

Rest in peace, Oscar. Hopefully this act against you will at least serve to remind us of the problems and perhaps improve the world for those who come after.
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
11:37 AM on 07/15/2010
Well, the agencies certainly screen to find violent sociopaths, but pay? Bay Area cops start at 80K/Yr. right off the academy shooting range. Retirement age goons, get 150Kand can stay on while collecting retirement pay. And of course the bebefit package makes sure they are diapered for life.

No, what we need are very stiff laws for crimes committed under color of law. We need to stop the cops from investigating themselves. We need open access to cop performance and diciplinary records, just like any other "public servant". We need police oversight with actual power. The police need to return to being accountible public employees instead of protected gangs of violent people. "Officer" my backside. Low end thug is much closer to the truth.
photo
HUFFPOST SUPER USER
Rafael Damast
02:40 PM on 07/14/2010
This is sad and it a crime on Oscar Grant. He was lying face down, so how could he have been a threat? It does not matter what happened before, it about this moment, when he in the custody of the officers. This was not a violent confrontation and the officers have clearly established dominance. Officer's have been trained for situations like this, are professionals and know better. It is hard to imagine how this was an accident.
HUFFPOST SUPER USER
captric
11:42 PM on 07/14/2010
Well he was a threat because he had not been frisked and he was hiding one of his hands under his body - resisting arrest to the point that it took two police officers to control him and subdue him. Previous to tht he assualted the police officer by jumping up off of the ground in the officers face in a threatening manner. The police officer then took him to the ground and as per training and protocol - placed a knee on his neck to control and subdue him while the other officer - Meserle - tried to cuff him. Previous to that he had been loud, abrasive, and had been positively identified as a perpetrator in a "melee" by the driver of the train who has closed circuit video monitoring and saw the fight.
That is WHY he was a threat!!
photo
HUFFPOST SUPER USER
millicent101
11:47 PM on 07/16/2010
We also know that the officers in question were backups, they were not privy to much first hand knowledge of who was behaving in what way, and certainly not while they were at the scene. He was talking on the phone. If I found someone threatening I would certainly request them to get off the phone and sit down before I shot him because he was fighting on the train. Your interpretation of events is indicative of your level of experience in dealing with rowdy people. Standing up and attempting to walk away is not jumping up off the ground and getting in the officers face.
photo
HUFFPOST SUPER USER
scottymac11
Facta non verba
03:55 AM on 07/14/2010
"involuntary manslaughter"
The only involuntary part in Mehserles actions was his inability to control his deadliest emotions with a gun on his hip.
02:16 PM on 07/13/2010
After being repeatedly admonished regarding my lack of experience with BART related employee protocol, I decided to look at BART's information on their police force.

Link to Bart Police home page: http://www.bart.gov/about/police/index.aspx
Link to Bart Police FAQs (OD_74.pdf and OD_75.pdf concern use of lethal force-links at bottom of page): http://www.bart.gov/about/police/faq.aspx

Also: Timeline: http://www.sfexaminer.com/local/Timeline-of-BART-shooting-incident-98073009.html

OD 74 lays things out quite clearly: use of lethal force is for defense, almost never for capture. Even drawing a weapon is subject to review (after the fact) by an overseeing sergeant. Also important: Mehserle's refusal to comply with an administrative investigation further complicated the BART Police Department's ability to effectively reach out to the greater community, and aid the criminal investigation. In other words, Mehserle cared more about his uniform than he did about the people he was paid to serve.
HUFFPOST SUPER USER
boomer59
02:49 PM on 07/13/2010
Thank you for a very informative link and a very thoughtful comment "knucklesphilpott".
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
02:57 PM on 07/13/2010
Interesting that when the cops are exposed for what they are, they back into bureaucracy and of course demand all of their constitutional protections. They deny others these protections on a daily basis and then talk about "employee protocals" and "administratice investigations". A cop caught in criminal activity can't simply be cuffed and booked like us second class Americans.

The police unions, agencies and PACs along with DAs spent a lot of time and money making sure leglislation that allowed public knowledge of cop on the job misbehavior. This knowledge is available for every other class of "public Servant". The hearing room filled up with cops and the legislators were threatned with focused opposition in the next election if the bill passes. Money was promised to help recind term limits as well. Guess what? The bill was killed in committee. It's almost impossible to get elected in California without cop endorcement. In the meantime, cops are committing every crime on the books and hiding behind administrative bunk and DAs and judges who look the other way. Internal affairs? The whitewash division of the agency. It's a sad commentary on our country that the voters like it this way. They feel safe don't you know; right up until it's their own kid laying dead in the street.

It really is time to insist
HUFFPOST SUPER USER
dbrett480
12:35 PM on 07/14/2010
"It's almost impossible to get elected in California without cop endorcement."
Are you kidding me? Almost none of the major statewide offices that PORAC endorsed were elected. Their main candidate, Alberto Torrico, was defeated in favor of known cop-hater Kamala Harris. Police unions (and most of organized labor) have lost a lot of their political clout in recent years.

I'm not sure what law you are taking about that got killed in committee, but in CA a Pitchess motion can result in the department turning over IA records in a criminal case.
01:42 PM on 07/13/2010
an awful article that tries to paint this ruthless killer in a positive light. you really ought to be ashamed of yourself for suggesting that we should sympathize with this animal. and the above video is the worst footage i've seen of the incident, and reveals nothing new. in fact, it shows much less than any of the other footage i watched of the incident last year. an awfully pixelated close-up of the killer's face after the shooting and osme corny melodramatic background music for added effect does not shed any new perspective on the entire ordeal; nothing new to see here.
HUFFPOST SUPER USER
captric
03:19 PM on 07/13/2010
Ruthless killer???? Those are strong words for the uninformed......the only thing that was ruthless is the violent fight that led to Grants arrest and the "ruthless" looting and vandalism of legitimate businesses by gangs of black youths after the verdict was announced. The police officer made a mistake and will pay the price in accordance with the law.
photo
HUFFPOST SUPER USER
maigesheng
08:16 PM on 07/14/2010
Please provide me a link that shows any evidence that, there was a fight and, that Grant was involved in anyway.
HUFFPOST SUPER USER
RJPCambridge
10:27 AM on 07/21/2010
Really ?
You see a young man stand up -- foolishly.
You see the cops take him down.
You see a cop murder him in cold blood.

What else is needed for you to know ?
Whatever this person did in his past the cop did not know.
He would have done this to someone you in judgment would consider "innocent" and worthy of life.
06:35 PM on 07/12/2010
Officers shooting unarmed men using the reason that they thought said men had a gun is a nationwide problem. Most recently, it happened last week in Florida. If you google--cop shoots unarmed man, it is distressing to see the number of cases that have occured. A further look reveals that the overwhelming majority of these cases involve white cop/black man. In many of these cases, the men were talking back to the police. I think police officers need to be trained that the voices and words of black men are not physical weapons and do not pose a threat. Compare this to situations where people are actually throwing rocks and bottles at the police, such as after college games and sporting events. In these cases, cops do nothing. Interestingly, the perpetrators are overwhelmingly white. Once, in Nashville, a white officer was actually shooting at police and they did nothing
09:32 PM on 07/13/2010
Or theses white cops are simply unqualified to be police officers. In most jobs when you make serious mistakes, you are fired!
photo
HUFFPOST SUPER USER
Ecoutez
12:42 AM on 07/16/2010
Excellent!
photo
HUFFPOST SUPER USER
rantsrus
05:19 PM on 07/12/2010
How does the feel and grip of gun that he pulled out resemble the feel and grip of a taser in the least? That was the moment that affected me the most as the moment of truth.
10:41 PM on 07/12/2010
Also noteworthy: the Taser has a digital readout at the top of its handle. Look at the manufacturer's website.
HUFFPOST SUPER USER
dbrett480
12:38 PM on 07/14/2010
I work in law enforcement and have used the taser on numerous occasions. The only time I look at the digital readout is at the beginning and end of shift to see how much charge is in it.
04:50 PM on 07/12/2010
http://en.wikipedia.org/wiki/BART_Police_shooting_of_Oscar_Grant, under 'Witness testimony':
"June 15: Three eye witnesses of the account testified that neither Grant nor the other suspects actively resisted the officers at any time. Each expressed disgust at the behavior from officers preceding the shooting that night."
This user has chosen to opt out of the Badges program
photo
06:44 PM on 07/12/2010
There was testimony for and against. That's what a jury is for.
01:33 PM on 07/13/2010
Oh, do you mean the jury without any black people on it, or on standy-by?
photo
HUFFPOST COMMUNITY MODERATOR
areachanging
04:34 PM on 07/12/2010
Anyone reading my comments know where I'm coming from… but I do not want to live in a world without law enforcement; ethical, honest law enforcement.

What are some solutions to the problem of thugs being attracted to law enforcement, while the police departments have to fill the ranks?

Let's brainstorm some more. What are some answers?
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
04:11 PM on 07/12/2010
Mehserle could get probation that is. I do not recommend tasering cops, or having anything to do with them. The truth is there is no situation so bad that the presence of cops won't make it worse. Also ostracize them in the community. No smiles, no free doughnuts, treat them like the violent thugs they are, ignore them when at all possible..
This user has chosen to opt out of the Badges program
photo
12:11 AM on 07/13/2010
He could get time served. The verdict had a weapons enhancement component; however, there is some confusing whether the weapons enhancement would be aligned with the involuntary manslaughter verdict. If the weapons enhancement charge stands, Mesherle could get 5-14 years.
03:58 PM on 07/12/2010
The tragedy in this whole fiasco is the fact that the officer was found guilty of manslaughter. His defense, I thought I was pulling out my taser, is completely unacceptable because it was not needed in this situation seeing as the young man already had a knee in his neck and was on the ground.

The officer sends a BS apology about having to live with this the rest of his life, while still working on the force...that's no different than all the onlookers and let's not mention Oscar Grants's friends who had to witness this heinous act by someone who should not only lose his freedom but also his job.

On a different note, the use of tasers should be banned as they have been elsewhere because they are/were used a means of torture. The have lasting reprecussions on the nervous system and other organs.
This user has chosen to opt out of the Badges program
photo
06:45 PM on 07/12/2010
Mehserle lost his job.
10:57 PM on 07/12/2010
boyoboy, Mehserle resigned. He refused to meet with BART Police Internal Affairs and submitted a resignation letter. This was reported far and wide in the news. Please get your information straight!
HUFFPOST SUPER USER
captric
10:19 AM on 07/13/2010
So you doubt that after hearing all of the evidence that the prosecutors, judge and 12 jurors did not know what they were doing?? Sorry pal - they got it right - you don't get the death penalty or life in prison for making a mistake. ESPECIALLY when the root cause of the action which led to the mistake lies in the criminal behavior of the victim!! The cops were doing what they are supposed to do - responding to a violent fight on a train, identifying the perpetrators from eye witnesses and arresting them!
AGAIN - the foolproof way to avoid police confrontations and mistakes that might be made in those confrontations is to NOT COMMIT CRIMES!
photo
HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
12:18 PM on 07/13/2010
Well...actually not arresting them, killing one. And of course they didn't even know that these young men even did anything. The cops came in screaming racial slurs, and generally over reacting in a violent way. They did this because they could. They did this because it's SOP to simply round up any African American males who were there, one is as good - or bad - as another. The young man was dead 2 1/2 minutes after tye cops arived on the scene. How much discussion took place? They were just rounding up the usual suspects...because they can. Too bad there was video. Now they had to get the venue moved and pack the jury. Usually, the cops just write it up the way they like and the judge looks the other way. This was an unusual event. Maybe we could have a new show called candid cops? What cops usually do compared to the lies the police agency gives to a grateful media. Do you think it would be as popular as Top Cops?