January 14, 2009 • 2:05 pmComments Off on Johannes Mehserle, the Former BART Police Officer who Shot and Killed Oscar Grant III Arrested on Murder Charges
I am appalled that people engaged in rioting again over the tragic and senseless shooting of Oscar Grant III at the hands of a former transit police officer. There are elements in our society who jump at the idea of rioting and looting. What happened to peaceful protesting? Since when are people so depraved that they have to engage in criminal behavior? I agree that this is a racially motivated case, but do you have to trade violent behavior for this young man’s murder? According to media reports, the protest was mostly peaceful before a small group went on a window-breaking rampage through downtown, smashing windows at several businesses and about 30 cars. Eighteen people were arrested mainly for vandalism. This is appalling.
Newly released court documents allege that Johannes Mehserle, who was charged Tuesday, shot 22-year-old Oscar Grant while Grant had his hands behind his back and another officer was kneeling on his neck. Alameda County District Attorney Tom Orloff made the rare decision to file a murder charge against a police officer for an on-duty incident. “At this point, what I feel the evidence indicates, is an unlawful killing done by an intentional act and from the evidence we have there’s nothing that would mitigate that to something lower than a murder,” Orloff said at a news conference. He said he would not speculate on whether the charge would end up being first-degree murder or second-degree murder.
Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant III, who was unarmed man, early New Year’s Day, has been arrested on a murder charge in Nevada today. Mehserle, 27, shot and killed Grant, 22, at an Oakland BART station in the early morning of New Year’s Day. The shooting has prompted massive protests, especially after videos of the incident surfaced and rightly so.
According to Mercury News, a law enforcement official said that Mehserle was being held in Douglas County, Nev., on a no-bail warrant. Since he was arrested in Nevada, he will face an extradition hearing before returning to Alameda County, a process that could take at least a few days. Alameda County District Attorney Tom Orloff was expected to discuss the arrest further on Wednesday. Mehserle had been moving from place to place in recent days as he faced numerous death threats. He was reportedly arrested without incident. Source: Mercury News
“The family will certainly be relieved that (Orloff) has made some effort to bring him to justice,” said attorney John Burris, who is representing the family in a $25 million claim against BART. “This is terrific. This is a very important step in healing the community.”Mehserle’s resignation last week took away BART’s ability to get a statement out of him, since he could no longer be fired for remaining silent.
That was a deliberate move on his part. If he felt the shooting was justified, why quit the police force? Something smells here and I hope, if he is in fact found guilty, he will be charged as an everyday person would be — life without parole. There are too many incidents involving police brutality and the use of excessive force. This is another life taken senselessly by a cop. It is one life too many.
It is shameful that some of the demonstrators in Oakland had to engage in rioting. According to media reports, protests over the fatal by Bay Area Rapid Transit police officer Johannes Mehserle turned violent Wednesday night, with windows broken, streets shut down and train stations closed. The protest started peacefully shortly after 3 p.m. at the Fruitvale Station in Oakland. According to the Post Chronicle, after nightfall, a group of about 200 protesters split off and head toward downtown Oakland, prompting the transit agency to close the Lake Merritt station. That is just a disgrace. What about non-violent protests? Are they going to dishonor the name of Oscar Grant?
UPDATE
Johannes Mehserle has resigned his position, effective immediately
A new video has surfaced showing that a BART officer shot a Hayward man in his back on New Year’s Day. A BART police officer, who according to the San Francisco Chronicle is Johannes Mehserle, was seen on a video struggling to handcuff Oscar Grant III. He stood up over the facedown man and fired a single shot in his back while a handful of officers watched. Simply reprehensible. The attorney for the family said that he plans to file a $25 million lawsuit against the department and asked prosecutors to consider filing murder charges against the officer.
The shooting occurred shortly before 2 a.m. Thursday after five officers responded to the Fruitvale station to reports of a fight on a train, officials said, though they have not confirmed whether Grant was involved in the fight.
The new video, obtained by television station KTVU, shows two officers restraining a struggling suspect. While the man is lying face down on the ground, one officer appears to be seen pulling out a gun and firing a single shot into his back. Civil rights attorney John Burris, known for his work in several high-profile cases involving police abuse and corruption, said at a Sunday news conference that the shooting was “the most unconscionable shooting” he has ever seen. He said that the Alameda County district attorney should consider filing charges of second degree murder or manslaughter against the officer.
“I’ve drafted a notice of claim against BART for $25 million I plan to submit officially,” Burris said, adding that the officer had violated Grant’s civil rights and caused his wrongful death.
The Police Department is in the early stages of a thorough investigation, BART police Chief Gary Gee said Sunday at a news conference. He declined to discuss many details, as doing so “before all the facts are in could compromise individual recollections and do disservice to the truth and the answers we’re all seeking.” BART police are cooperating fully with a parallel investigation by the Alameda County district attorney’s office, Gee said.
Gee declined to identify the officer but said he is a two-year BART police veteran. The officer was given drug and alcohol tests before being sent home on administrative leave Thursday, Gee said.
Grant was the only man in a small group sitting against the wall who was not handcuffed, Burris said, so officers grabbed him away from the wall and pressed him belly-down onto the ground. “One officer was kneeling over his neck and head, and another standing over him,” Burris said. “He was not kicking, and one officer was pulling on his arm. The standing officer pulled out his weapon and, within moments, fired the gun into Mr. Grant’s back.” Burris said the bullet went through Grant’s lower back and ricocheted off the ground up into his lungs, killing him. Source: Mercury News
I don’t know what the circumstances really are in this case, but if this cop really shot this man in his back, when he was clearly being restrained, then he deserves to go to prison. It amazes me that when the cops are involved in these matters, their identities are never revealed? Why? What are they afraid of? They weren’t scared when they pulled their weapons. I have also learned that the the police officer shot has not given a statement to investigators about what happened and the transit agency has apparently not forced him to do so. Funny, the police department has said very little as well, even in the face of public outcry. So while this cop allegedly took a life, he became a father for the first time.
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