BART officer arrested in connection with New Year's Day shooting

[kas125]

Source: www.sfgate.com

Johannes Mehserle, the former BART police officer who shot and killed an unarmed man on an Oakland train platform on New Year's Day, was arrested in Nevada today in connection with the shooting, The Chronicle has learned.

Mehserle, 27, was taken into custody in Douglas County, Nevada, 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 connection with an investigation by the Oakland Police Department into the shooting of Oscar Grant, 22. An Alameda County judge signed an arrest warrant, and Mehserle surrendered without incident, authorities said.

Douglas County sheriff's officials refused to disclose what crime Mehserle was accused of committing in the arrest warrant. Deputy Velez said Sheriff Ron P. Pierini would make a statement on Wednesday.

con't at link

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/0...

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It's about goddam time!

[Chulanowa]

1. So he committed murder and got a 13 day vacation before cops in another state noticed

He'd best be thanking his lucky stars he didn't have a couple grams of marijuana on him, his ass would already be incarcerated!

[reggie the dog]

3. not in California or Nevada

marijuana is depenalized in those states. You get a fine.

[Wizard777]

12. But both states have very progressive medical marijuana laws.

In Nevada your employer has to make an area for you to smoke your medical marijuana in.

[reggie the dog]

55. if I were the boss my office would be the place to smoke!

[seemslikeadream]

9. or steal 50 billion

[slackmaster]

16. A small amount of MJ in California gets you a citation, similar to a traffic ticket

It's an infraction, not a jailable offense.

Whether or not a murder was committed is up to the courts to decide. You are entitled to your opinion. Mine is that there was an accidental shooting resulting from negligent handling of a firearm. Something that would happen less often if basic gun safety was taught in public schools.

[MrModerate]

21. I'm taking you to mean that the police officer who discharged his weapon . . .

killing a completely restrained suspect would have benefited from a public school course in basic gun safety?

As citizens, don't we have a right to assume that the people we give guns to have a fuck of a lot more training than "basic gun safety?"

[slackmaster]

24. It couldn't hurt, could it?

What I see in the video (and I could be way out in left field), looks like someone who was either never properly trained in the strict discipline of firearm handling, or who has strayed from his training. A lackadaisical attitude perhaps, or maybe a person impaired in some way and not functioning at full mental capacity.

As citizens, don't we have a right to assume that the people we give guns to have a fuck of a lot more training than "basic gun safety?"

Yes we do.

My point, and a couple of police officers I know personally agree, is that many young officers are not as familiar with firearms as they should be. They enter police training without a basic background.

My stepfather taught me the rules of gun safety when I was 10 years old. They're so strongly entrenched in my behavior that I avoid pointing things like broom handles at people. I'm guessing that this now-ex cop isn't a true firearm enthusiast, that using a gun is a chore to him, just a tool he uses on the job. The way he was handling his pistol just prior to the shooting makes no sense to me. If he didn't have murder on his mind (and that may be the case), the way he was handling that pistol looks shockingly similar to the way complete neophytes behave when you hand them a plastic fake gun to evaluate their existing level of skill. (That is something just about every professional instructor does BTW.)

If you learn safe gun handling when you are young, learn it right, and practice it at all times, it stays with you for life. Like riding a bicycle or swimming.

Or maybe he just thought he could get away with offing a black guy. No amount of firearm training could have prevented that.

[Trillo]

25. Surely he deserves his trial.

Just like any of the rest of us.

What would the penalty be for any of the rest of us IF we pointed a gun at someone outside our homes and accidentally pulled the trigger, killing them.

Would that be manslaughter?

Would your defense work just as well for a citizen, as a cop?

All I'm saying is the hypocrisy is mind-blowing, when it's not huge, it's small, but it's always there. Add in some aggressive jury selection, ala Runaway Jury,.. ah, just call me throughly cynical at this point.

[slackmaster]

27. Probably not manslaughter, unless you were brandishing the gun in a legitimate act of self-defense

I think the implied malice thing would kick in.

[condoleeza]

51. Not cynical, just realistic, unfortunately

[MrModerate]

26. OK, that makes sense. I too was taught proper handling protocols . . .

Umpty-jillion years ago. The effect on me was to never touch the things again and chastise my children when they point any projectile thrower (e.g., Nerf guns) at any living thing.

Still, if police departments are drawing on a population of potential officers with less firearms experience, they'd better damn well be sure 1) the guy/gal is psychologically suited to carry a weapon, 2) they have the skill and the brains to do so, and 3) and they respect the lethality represented by their service weapons.

Anything less would be criminal negligence on the part of the police administration.

[liberalhistorian]

42. Bullshit it was accidental. There wasn't even any reason

for him to be reaching for either a taser or a damned gun in the first place. The man was unarmed, under control, lying facedown with the other officer kneeling on him and other officers right there. There was NO REASON to even consider having his hands anywhere near a taser or gun, let alone reaching for one. NONE. And there was no reason for an "accidental" discharge of the gun, as they're supposed to be on safety to begin with to prevent it. I forget his name at the moment, but a nationally-known expert on law enforcement training and safety, who trains hundreds of officers a year throughout the country, reviewed the incident from several angles and concluded that it resembled an "execution-style" shooting. IOW, he didn't think it was an accident either. I'm sorry, but that wasn't any goddamned "accident."

[slackmaster]

46. Yeah well, that's just, ya know, like, your opinion, man.

And the DA agrees with you. I'm sure the defense will present an alternate view, and the jury will have an interesting time sorting out the truth.



I hope he does get a murder conviction because if there is anything resembling an acquittal at the trial, there will be hell to pay.

I'll bet the first thing the defense does is file for a change of venue.

[Steepler0t]

2. All I have to say as a SF and Oakland resident:

ABOUT FUCKING TIME!

[Divine Discontent]

4. only took a few 13 days... no biggie! eom

[Ken Burch]

5. Tomorrow, Rush and the Coultergeist will be celebrating the guy

as a "champion of law and order".

[Enthusiast]

7. Oh yes. You got it.

Sometimes I think I should turn on Rush to hear how is going to distort these things. Then I say, nooo.

[BR_Parkway]

6. Refused to disclose what crime he was arrested for? Around here

they print everyone's arrest in the newspaper since it's "public record"

I wonder what he got charged with - and why they're so afraid to let the recently rioting public know about it.

[Cetacea]

10. We posted essentially the same thing at the same time

Great minds...

[Historic NY]

11. It would be a fugitive from justice warrant....

since he left the state or crossed state line out of the jurisdiction of the original court.

[slackmaster]

17. I'm guessing Section 192(b) in the California Penal Code

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=p...

A murder charge might be possible IMO under Section 188. His behavior shown in the video shows a disregard for safely handling his weapon IMO. If it turns out he was drunk on duty, he'll fry.

[Realityhack]

28. It has now been released. Arrested on suspicion of murder n/t

[liberalhistorian]

43. According to an MSN article I just saw, the charge

was, in fact, murder, as it damn well should be. Let me see if I can go get the link.

[Cetacea]

8. "officials refused to disclose what crime Mehserle was accused of committing"

How about "M-U-R-D-E-R". More specifically, shooting an unarmed (black)man in the back.

[Wizard777]

13. He has been charged with murder.

[slackmaster]

18. That's good if the prosecution can support it

He's going down for a felony one way or another.

[11 Bravo]

14. He'll probably be allowed to cop a plea to negligent homicide, but at least he won't skate.

[WriteDown]

15. Johannes Mehserle....

I still say he's an exchange officer from South Africa.

[Joanne98]

19. AP just reported it!

SAN FRANCISCO (AP) — A white former transit police officer accused of killing an unarmed black man on an Oakland train platform has been arrested on a murder warrant in Nevada, 12 days after the shooting, which sparked violent street protests.

Johannes Mehserle, 27, was in custody Tuesday evening under a fugitive warrant issued from California, law enforcement officials said.

The 27-year-old Mehserle surrendered without incident, authorities said.

Karen Boyd, a spokeswoman for Oakland Mayor Ron Dellums, confirmed the arrest and said the mayor's office had been informed of it earlier Tuesday night. Alameda County District Attorney Tom Orloff was expected to announce details of the charges on Wednesday.

A message left late Tuesday night at the office of Mehserle's attorney, Christopher Miller, was not immediately returned. But he told the San Francisco Chronicle that Mehserle was arrested on suspicion of murder.

Witnesses say Mehserle fired into the back of 22-year-old Oscar Grant while the man was lying facedown on a train platform at a station in Oakland. Grant and others had been pulled off a train after reports of fighting, as New Year's Eve revelers were shuttling home after midnight.

http://www.google.com/hostednews/ap/article/ALeqM5gO4s1...

[liberalhistorian]

44. I hope he fries, I have no sympathy for him

whatsoever and I think the only appropriate charge was murder. My sympathies are reserved for Grant's family and the child who will grow up never knowing her father, and for the officer's girlfriend and newborn baby who was, ironically, born just after this incident.

[IndianaGreen]

47. It was an execution

Thank the gods there was a video!

[slackmaster]

20. Letting him run around free for almost two weeks looks really bad for the "authorities"

I am tempted to post an obviously applicable quote from George Orwell's Animal Farm, but that might give the mistaken impression that I am anti-cop.

If it had been anyone other than a law enforcement officer, the shooter would have been jailed immediately and released only on a ridiculously high bail amount that few of us could afford to post.

[MrModerate]

22. Well, yeah, because they have different procedures for cops . . .

Since their weapons are only supposed to be used in the line of duty. I think he also threw everyone for a loop by resigning immediately rather than letting the police apparatus protect him.

Best keep me off the jury (no danger, I don't live in the Bay Area any more), because to me he looks guilty, guilty, guilty!

[okiru109]

23. finally - he is a threat to society

don't know what took them so long considering how everyone is already on edge with the financial situation and 2 wars.

[sasquatch]

29. Ex-Oakland transit officer is arrested in Nevada

Source: Associated Press

SAN FRANCISCO – A white former transit police officer accused of killing an unarmed black man on an Oakland train platform has been arrested in Nevada on a warrant charging homicide, 12 days after the shooting that sparked violent street protests.

Johannes Mehserle, 27, was being held without bail Wednesday under a fugitive warrant issued from California, law enforcement officials said. Mehserle surrendered Tuesday without incident, according to a statement from the Douglas County Sheriff's Office in Nevada.

Messages left late Tuesday and early Wednesday at the office of Mehserle's attorney, Christopher Miller, were not immediately returned.

Alameda County District Attorney Tom Orloff was expected to announce details of the charges later Wednesday.

Witnesses say Mehserle fired into the back of 22-year-old Oscar Grant while the man was lying facedown on a train platform at a station in Oakland. Grant and others had been pulled off a train after reports of fighting, as New Year's Eve revelers were shuttling home after midnight.

The shooting, captured on cell phone cameras and widely viewed on the Internet, has inflamed long-running tensions between law enforcement authorities and many African-American residents and black community leaders, who have berated BART officials at several public meetings since the incident.



Read more: http://news.yahoo.com/s/ap/20090114/ap_on_re_us/train_s... ;_ylt=Ag8tvBhXmUW1hqg0Q6v3xIlvzwcF

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About fucking time

[atreides1]

30. Now

Will fight extradition back to California?

[Realityhack]

48. IIRC he waved it. n/t

[bluestateguy]

31. If he was a black kid accused of shoplifting, he'd have been jailed within a hour

In fact, even black cops, when they are accused of police brutality, and handled more harshly than white cops accused of the same.

[IndianaJones]

32. put in general population. nt.

[jobycom]

33. Not until after a trial.

I want to see what happens. And I want to see a cop actually prosecuted, though I wonder if it will happen here. If they couldn't convict those who beat Rodney King or those who shot Amadou Diallo or those who beat Malice Green... You know. Waiting on the world to change.

[cabluedem]

38. Dont forget Sean Bell, shot to death with 50 bullets by NYPD. nt

[jobycom]

39. Yeah, him, too, although once the first shots were fired, I can understand how the others happened.

Stupid ass circular firing squad. Whoever opened fire first should have gone to jail. After the shooting started, the bullets were ricocheting everywhere, and the other cops thought they were being shot at, so they opened fire.

But yeah, the fact that no one got punished for that is sick. Sick in the bad way, I mean.

[npk]

40. Sickening!

Fifty shots and that is all legal. Just outrageous.

[sasquatch]

34. I'm going for gas chamber

This guy needs to be made into an example and he's to dangerous to let live IMO. I will use the Nuremburg hearings as my example for this.

[IndianaJones]

35. general pop while waiting for trial. save taxpayers some money. nt.

[Truth2Tell]

36. My question is...

is when will the other arrests happen? You know, for the cover-up?

When will they arrest the officers and supervisors who confiscated cell phones in the BART station?

When will they arrest the officers and officials who told false stories to the public for weeks?

When will they arrest the BART officials who pulled the closed circuit video from the station?

When will they arrest and charge everyone who participated in trying to hide the truth about this, from top to bottom?

Answer: Never.

[HPD]

41. fact check

I just don't think you have all your facts straight. Cell phones were never confiscated. Though a few officers tried--apparently. No proof is given. No one recorded it.

you say officers and officials told false stories to the public for weeks? no one was talking!!! Show me a link to cops talking about the case.

Pulled the closed circuit video? Don't you think it is because there was an investigation?? the officer did end up being charged.

From day one the guy was going down. at least we hope so. we'll never know if the media and cell phone videos helped move this case along.

[Truth2Tell]

45. I think you need the fact check buddy.

Katrina Vargas, whose footage has been shown nationally, claims that she had to hide her cellphone from officers who had begun to confiscate them.

http://crime.suite101.com/article.cfm/bart_shooting_rai...

NBC in Oakland reports that Grant's attorney, John Burris also stated that "BART confiscated numerous cell phone images from others...,"

http://www.nbcbayarea.com/news/local/New-Questions-Surf...

Another witness says "a female BART police officer tried to forcibly confiscate her camcorder."

http://www.boingboing.net/2009/01/06/citizen-videos-spr...

And California Beat reports that "BART has said that they are in possession of such items..."

http://californiabeat.wordpress.com/bartshooting /

There's your "proof given" dude.

And no comments by officials?

Again, NBC: "BART spokesman Jim Allison has said the officer's gun went off while police were trying to restrain Grant and that Grant was not cuffed."

http://www.nbcbayarea.com/news/local/New-Questions-Surf...

And don't I think they pulled the closed circuit footage for an investigation? No. I don't. I think they pulled it to cover-up their buddy's crime, as usual.

What police department does HPD stand for? And when will you cops start purging your own ranks of the jackasses that infect them, instead of protecting them? Until you stand up and do that yourself you are all just as complicit as the guy in the video, IMO.

Take your excuses and your apologetics and shove them up your ass.

[HPD]

49. explain

they may have wanted the footage for an investigation?

What the official said is true. the gun went off while they were restraning him. whether he was handcuffed or not could have been a slip since the investigation was just on its way. we don't know.

Tell me why they are not covering this up anymore. Many questioned whether the officer was trying to pull out his taser instead. the media and even many here thought that. they could had easily gone that route. instead, we get this from the DA:

"What I feel the evidence indicates is an unlawful killing done by an intentional act," district attorney Tom Orloff told reporters at a news conference.

"From the evidence we have there's nothing that would mitigate that to something lower than a murder," he added. "The murder charge was the appropriate charge given the state of the evidence."

---
It sounds like the investigation byt he police worked. the investigation was conducted by 9 detectives and included looking at footage, and interviewing other officers at the scene. And the "evidence" was overwhelming in support of a murder charge...intentional!!!

Hey, I've been unlawfully arrested by cops before at protests and elsewhere. I could care less about them. But I am not going to take shit out of my ass simply because that is the thing to do. there is no proof of a cover up. And there is no proof the other officers on the scene were in on the murder. It is not like they could hide the body somewhere. there were witnesses. Attorneys would be involved. BART would be involved. the cops on the scene were all shocked by it (well as much as any cop gets shocked by gun violence).

Those against police violence and abuse of power will hold a lot more credibility if they don't pull shit out of their ass. The cop is going to prison. good riddance.

Oh yes, but i must come from a police department. you're such an immature idiot. Quick, go spell America with 3 k's. That will get you far.

[HPD]

53. oh i see

you saw the PD in my name HPD and thought it stood for Police Department. God you are an idiot.

[Truth2Tell]

57. "Tell me why they are not covering this up anymore?"

OK

They are not covering this up anymore because too much information leaked out. The footage made its way to YouTube. The DA who is pushing this is responding to political pressure. He is a political animal. He is different from the officers and officials who tried to cover it up. Call me an idiot all you like. It doesn't change the truth that the "fact check" you posted was full of untruths or that you didn't respond to my points.

So what is PD then? You have PD in your name and make knee-jerk excuses for cops. If you're not a cop or shill for cops then you certainly can understand the error.

[sasquatch]

52. Awesome work I'm bookmarking this thread

[sasquatch]

37. About damn time is right

[The abyss]

50. If there had not been video & witnesses

This would have become just another day in the life of the bay area residents.

[ThomCat]

58. Exactly. They would have lied and said he was attacking an officer

and resisting arrest. Smear the victim, cover up the murder, and go on with business as usual.

Anyone at random can be taken and murdered by cops for no reason and it can be covered up. Cops have a free license to kill, and because they are supposedly risking their lives to protect us, we're supposed to defer to them and give up all of our safety and civil rights as soon as they show up.

It really galls me when the cops are the thugs that should be put in jail, and it seems to be the national trend. Our police are a paramilitary anti-civil rights force.

[Starry Messenger]

54. Glad they finally got their asses in gear.

What a circus this has been. The DA must have gotten the message. He was a changed man on the news tonight. A week ago he was Mr. Casual.

[KamaAina]

56. WTF was he doing in Nevada?!

Why was he allowed to cross state lines?