Judge won't dismiss murder charge in CA train case

[Heidi]

Source: AP

(AP) – 4 hours ago

OAKLAND, Calif. — A judge has refused to drop a murder charge against a former transit police officer in the fatal shooting of an unarmed man on New Year's Day.

In his ruling Thursday, Alameda County Superior Court Judge Thomas Reardon said video images shot by passengers undercut the defense claim that it was an accidental shooting.

Defense attorneys for Johannes Mehserle have argued that the former Bay Area Rapid Transit officer should be charged with involuntary manslaughter, not murder.

Cell phone video caught the shooting death of 22-year-old Oscar Grant at Oakland's Fruitvale station during a disturbance.


Read more: http://www.google.com/hostednews/ap/article/ALeqM5gT6GJGL3quMPjCe1oU1W2zvpFfcAD9AKNSF80

[PDJane]

1. Good.

That was, imho, wilful murder.

[Quantess]

2. There was nothing "involuntary" about the fatal shooting.

I would say it was murder, from my perspective.
Good for the judge.

[frylock]

3. knr

[earcandle]

4. Thank you Judge Reardon for Justice! It has been missing for a while.

[bertman]

5. Let a jury decide. Thank you, Judge.

[imdjh]

8. nevermind

not worth arguing about a prediction

[Libertas1776]

6. Sounds good to me.

Let's hope justice prevails.

[DRoseDARs]

7. I watched two videos of the incident: The first one I couldn't tell, so I was on the fence.

I made the argument that his initial defense of having accidentally reached for and firing his sidearm instead of his taser unit was viable because several models of taser are design in such a way as to be similar to handguns if one isn't paying close enough attention to which they're reaching for.

The second video, shot from a better viewing angle, left me with no doubt in my mind the officer meant to shoot the guy with his sidearm and is just trying to weasel his way out of a murder charge.

[CBGLuthier]

10. They give you training a badge and the weapons

Sorry but mistakes are not allowed. Doesn't matter. No mistakes with weapons without penalty.

Nothing defensible either way.

[Grinchie]

9. Truly an explosive case

The behavior of the Oakland transit police after the event was inhuman, letting Mehserle walk free, and leave the state on vacation.

It is no wonder that people were stirred up.

He shot the man in the back, while several other police had their knees on Grant's neck, face crushed into the concrete.

So just for a moment think that it was a mistake, and that he mistakenly drew his revolver instead of his Taser. Please explain to me the need to Taser Grant in the first place? The guy had 3 or four cops on him. It's not like he's on a deserted highway and dealing with an 80 year old grandmother all alone in the broad daylight.

Sorry Mehserle, you're going to get convicted, and if somehow you don't, Oakland is going to go up in Flames during the ensuing riot.

[Vidar]

11. Good.