Former BART officer Johannes Mehserle will be sentenced Friday for the shooting death of Oscar Grant, and legal experts say the punishment should hit the middle ground. (AP file photo)
SAN FRANCISCO — those seeking the maximum punishment of 14 years for former BART police Officer Johannes Mehserle may be disappointed when a judge hands down his sentence today.
Mehserle, who fatally shot Oscar Grant III during an arrest at BART’s Fruitvale station in Oakland on Jan. 1, 2009, could walk free from a Los Angeles courtroom today with mere probation or be sentenced to more than a decade behind bars.
Four months ago, a Los Angeles jury convicted Mehserle of involuntary manslaughter, a crime that carries a sentence of two to four years. the jury also handed down an enhancement of using a gun that could add up to 10 more years to the sentence.
The verdict, some legal experts say, sends mixed signals about his guilt.
The problem, according to legal experts such as defense attorney Michael Cardoza, who has been following the trial but is not involved, is that while involuntary manslaughter signals that Mehserle did not intend to kill Grant, the gun enhancement indicates just the opposite.
The conflicting verdict is unprecedented, and Los Angeles County Superior Court Judge Robert Perry will be making a decision that will be scrutinized by an appeals court, said Peter Keane, dean of the Golden Gate University School of Law.
“I can’t see how a judge could sentence [Mehserle] for the gun use,” Keane said. “I think it would be reversed on appeal if he did, and when you have that basic kind of conflict, the law requires you to rule in favor of the accused.”
The judge also has to rule whether Mehserle deserves a new trial because of issues with his defense. After being convicted, Mehserle’s defense team claimed new information regarding the use of Tasers by law officials had surfaced. Mehserle’s lawyers had argued that he intended to use a stun gun but instead accidentally shot Grant. If granted a new trial, Mehserle cannot be tried for anything more than involuntary manslaughter.
And, to add to the complicated set of scenarios, the judge could suspend Mehserle’s prison sentence or opt to keep him in county jail instead of state prison. The less than five months Mehserle has spent in jail during the trial and awaiting sentencing will be credited toward any sentence.
Mehserle’s attorney, Michael Rains, has argued that his client should only be placed on probation because he has no prior criminal record, no record of violence, and doesn’t represent a serious danger to society.
But prosecutor David Stein said that because of the circumstances of the fatal shooting, prison is the only just punishment.
Experts say it will be somewhere in the middle.
“If neither side is happy, then it’s done right,” said Cardoza. “that means you’ve reached a medium.”
Here’s what former BART police officer Johannes Mehserle was charged with and the punishment he could face:
Originally charged with:
- First-degree murder
Charges judge allowed jury to consider:
- Second-degree murder
- Voluntary manslaughter
- Involuntary manslaughter
What he was convicted of:
- Involuntary manslaughter
- Gun enhancement
What he faces in sentencing today for involuntary manslaughter:
- Between two and four years in prison
- Gun enhancement: 3, 4 or 10 years
- Suspended sentence: Free on probation
- County jail: Avoids state prison
2009Jan. 1: At 2 a.m., BART halts a train at Fruitvale Station to allow police to deal with reports of a fight onboard. at 2:15 a.m., while a group of men allegedly involved in the melee is detained by five BART police officers, 27-year-old officer Johannes Mehserle draws his gun and fires one shot at 22-year-old Oscar Grant, who is lying face down and being restrained. Grant is killed. BART and the Alameda County District Attorney announce they will investigate the shooting.Jan. 4: Oakland civil-rights attorney John Burris announces that he will file a $25 million claim against BART on behalf of Grant’s family, and he calls on the Alameda County District Attorney to file manslaughter or second-degree murder charges against Mehserle. Videos of the shooting taken by BART passengers begin to emerge, showing Grant lying on his stomach when he is shot.Jan. 7: Mehserle resigns, avoiding questions from BART officials. about 1,000 people attend Grant’s funeral in Hayward. a peaceful protest against the shooting is held in the afternoon at Fruitvale station. that evening, a gathering erupts in violence as hundreds of demonstrators face off against police in downtown Oakland. Rioters destroy stores and light fires; more than 120 are arrested.Jan. 8: BART and the Alameda County District Attorney announce they will fast-track their investigations, and the Oakland Police Department announces it is launching a separate probe into the shooting. Grant’s family calls for calm after the Oakland riots. State and city lawmakers propose a law requiring additional civilian oversight of BART police.Jan. 12: BART officials announce their investigation is complete and forward their findings to the Alameda County District Attorney’s Office. BART director Lynette Sweet calls for the resignations of BART police Chief Gary Gee and agency General Manager Dorothy Dugger.Jan. 13: Mehserle is taken into custody in Nevada on a murder warrant.Jan. 15: Mehserle pleads not guilty to murder charges in Alameda County Superior Court.Jan. 23: KTVU airs footage of amateur video showing a second officer, identified as Tony Pirone, punching Grant prior to the shooting.
Feb. 6: Mehserle is released from jail on $3 million bail.March 3: Burris files $50 million wrongful-death lawsuit against BART for the death of Grant.June 19: Mehserle pleads not guilty to charge of first-degree murder.Aug. 18: Outside report finds “communication failures were prominent” when BART officers responded to Fruitvale station Jan. 1. Shortly thereafter, BART police Chief Gary Gee goes on medical leave and then announces he will resign effective Dec. 30.Aug. 28: Grant’s father, serving a life prison term for a 1985 murder in Oakland, files a wrongful-death lawsuit against BART.Oct. 16: Defense motion for change of venue granted.2010Jan. 8: Case shifts to Los Angeles County Superior Court.Jan. 27: BART says it has reached a $1.5 million settlement for Grant’s daughter.June 9: Opening statements in trial are made.June 25: Mehserle takes the stand and makes his first public comments about the incident: “[The sound] wasn’t like a gunshot. I remember wondering what went wrong with the Taser. I thought it malfunctioned.”July 8: Jury convicts Mehserle of involuntary manslaughter.Oct. 1: Mehserle’s attorney files a motion for a new trial, saying jury should have been told about an officer-involved shooting in Kentucky that involved a stun gun.Today: Mehserle to be sentenced for killing of Grant.
Correction: This article was corrected on Nov. 5, 2010. the original article incorrectly stated the amount of time that Johannes Mehserle has spent in jail. the former BART officer has spent less than five months behind bars.
Mehserle sentence will set precedent
attorney michael, fruitvale station, guilt, judge hands
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