Tag: BART shooting

This is the officer who shot and killed Oscar Grant on the BART train platform.

He could be been convicted of the more serious charges of Voluntary Manslaughter or Murder. He also could have been acquitted. I didn’t follow the trial, but this seems about right to me.

I certainly believe it’s much more likely that Merhserle meant to Taser Grant and made a horrible and lethal mistake more than I believe that he just decided to become a cold-blooded killer and kill somebody in front of a big crowd.

Merhserle faces two to four years in prison.

For what it’s worth, back in January I wrote this:

So let’s just say that the police officer is put on trial and says, “I plead no contest. I didn’t mean to do it. But I did. All I remember was that there was a large crowd yelling and a man was struggling. Next thing I know I hear a gunshot and look down and discover it was my gun. I didn’t ever realize I was holding my gun. I feel terrible for the victim and his family. I’m sorry. I beg the court’s mercy.”

What should happen to the police officer? What is appropriate justice in a case like this?

That basically became his defense. The Oakland Tribune reports:

“I didn’t think I had my gun,” Mehserle said last week as his face turned red and his lips started quivering. “I heard the pop. It wasn’t very loud. It wasn’t like a gunshot. And then I remember thinking, What went wrong with my Taser?

“I remember looking at my gun in my right hand,” Mehserle said as he broke down in sobs. “I didn’t know what to think. It just shouldn’t have been there.”

So I guess the answer is conviction for involuntary manslaughter and two to four years.

Here’s a link to a The Raw Story and clearer video of the police-involved shooting of Oscar Grant on a Bay Area BART station. Thanks to Ta-Nehisi Coates’s blog for the link.

In court, the officer’s actions will be judged by the standard of a “reasonable police officer.” It does not matter what the people shouting for the BART train felt. In fact, their shouting undoubtedly contributed to the general sense of danger the officer felt.

My guess… but I don’t know (let’s remember that none of us know; we weren’t there)… My guess is that the officer will be charged and criminally convicted of something like manslaughter that is based on negligence but not dependent on intent.

Is this a racial issue? Yes and no. No, police don’t go out saying let’s kill black people. In this situation, would white frat boys have been treated differently by police? Who can say for sure. It always depends on the situation. But it’s very likely.

Anybody who thinks that police behavior isn’t affected by race and class is crazy. In different neighborhoods, both the the public and the police act differently. Don’t think for a second that all police act like the police you know and see and deal with.

A few points on guns:

1) Police handguns (at least all the ones I know) do not have a safety.

2) Guns fire when the trigger is pulled. You may accidentally pull the trigger. But guns don’t “accidentally” fire. That’s important to remember. Your finger shouldn’t be on the trigger unless you’re taking aim and are seriously considering shooting. As a police officer, you are responsible for each discharge. Period.

3) In most jurisdictions, pulling a gun from the holster is not considered “use of force.” In my time on the street, I probably had my gun out of its holster every other shift. But I only pointed it at somebody two or three times. And I never pulled the trigger.

I was free to pull the gun out whenever I felt the need to. That was very often (say when searching a vacant building).

But when dealing with suspects, the gun is often just an intimidating bluff. If the suspect calls your bluff and nobody’s life is in immediate danger, you can’t shoot them. You have to holster up and pull out something you can actually use as a compliance device. In my case that was mace. And even that I only used once. (But I wasn’t on the street for long.)

Look, this shooting certainly looks terrible. Facts may come out that justify the officer’s action. But I doubt it.

The big police news of the week is probably the police-involved shooting of 22-year-old Oscar Grant (a black man) at a Bart Station in Oakland. Riotshave followed. I hate riots and those who justify them. Like there’s any justification to bust up a hair salon called “African Braids”.

And here’s to Oscar Grant’s mother, Wanda Johnson. She is quotedas saying: “I am begging the citizens not to use violent tactics, not to be angry…. You’re hurting people that have nothing to do with the situation. Please stop it, just please stop.” That’s a very noble thing to say after your son is killed.

At the time of the shooting, I was just across the bay in San Francisco. I actually heard a few gun shots in Noe Valley. But not these shots.

There are tons of You Tube clips about this shooting. Just search for “Bart Shooting.” This is probably the best report:

From what I’ve heard, this guy was unarmed. But it could very well be justified to shoot an unarmed man. I’ve also heard he was handcuffed. He wasn’t (best I can tell).

Like it or not, police will assume you might be armed until you prove otherwise. Especially on New Year’s Eve when you hear the constant crackle of gun fire.

If you’re pointing a gun at somebody and telling him to freeze and he’s fighting and then his hands are under him and then he doesn’t freeze and out from under his body come his hands holding something you think is a gun…. As the cop with the gun you either do nothing and get shot or shoot.

If police think you might be armed and you won’t follow orders… well, it’s on you. Sorry. It may not be right, but that’s just the way it is.

For the record, once I was brawling with and unable to controlan unarmed handcuffed man (lesson: never arrest anybody when you’re alone). Still I didn’t shoot him.

I’ve heard that perhaps the cop thought he was Tasing the guy. I don’t know. I’ve never held a Taser, but I don’t think you can mistake a Taser for a gun.

But really, this shooting looks terrible. From the officer’s reaction immediately after firing, it looks like he’s surprised and didn’t mean to fire. That makes it both a horrible mistake and a crime.

And whether or not the cop fucked up, and odds are he did, I hope all those schmucks yelling at the police from the train take a second to think about how they too contributed to this man’s death.