Verdict Reached in Trial of Police Officer Accused of Killing Unarmed Man

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July 9, 2010
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After deliberating six and a half hours over two days, a Los Angeles jury on July 8 found former Bay Area Rapid Transit (BART) police officer Johannes Mehserle guilty of involuntary manslaughter in the death of Oscar Grant, a twenty-two-year-old unarmed African American Hayward resident.

Angry Reaction

Mehserle faces from five to fourteen years in prison.

Grant's mother, Wanda Johnson, reacted angrily to the verdict saying, "My son was murdered. . . . and the law has not held the officer accountable." Alameda County District Attorney Nancy O'Malley expressed frustration over the verdict, stating, "We believe Johannes Mehserle was guilty of the crime of murder." The jury had the options of convicting Mehserle of second-degree murder or manslaughter.

Mehserle's defense attorney did not comment on the verdict outside the courthouse.

Federal Prosecution Possible

The U.S. Justice Department issued a statement explaining that its civil rights division, the FBI, and the U.S. attorney's office "have an open investigation into the fatal shooting." The statement indicated that the federal government would conduct an independent review of the facts to determine whether the evidence supports a federal prosecution.

Shooting Caught on Video

Mehserle and other BART police officers had detained Grant and four of his friends at the Fruitvale BART station in Oakland at about 2:00 a.m. on New Year's Day 2009 for allegedly fighting on a train.

During his trial, Mehserle testified that he intended to use his taser gun but mistakenly grabbed his pistol and fatally shot Grant in the back while he was prone on a train platfom, pinned down by another BART police officer. Several passengers on a waiting BART train taped the shooting on their cell phones.

In October 2009, an Alameda County Superior Court judge ordered a change of venue for Mehserle's trial.

Oakland Officials Prepared

After Los Angeles court officials announced earlier in the day on July 8 that the jury in the Mehserle trial would deliver its verdict at 4:00 that afternoon, workers in downtown Oakland left the area in droves.

After the verdict was announced, hundreds of people gathered in downtown Oakland for largely peaceful protests to express their anger and frustration about the jury's decision. After nightfall, however, small groups smashed windows in some downtown businesses and looted a Foot Locker store.

Oakland city and community leaders had anticipated potential violent reactions to the news of a verdict and for weeks had planned peaceful means for people upset about a verdict to express their anger.

 

In 1992, rioting erupted in Los Angeles after a Simi Valley jury found all four officers charged with crimes related to the highly publicized videotaped beating of Rodney King not guilty of all charges. After three days of violence, 58 people were dead, more than 2,000 were injured, and property damage amounted to nearly $800 million.

Eventually two of the officers involved in the beating were convicted in federal court of violating King's civil rights. 

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