We in the County of Alameda have been briefed on how the County will respond to the verdict in the Johannes Mehserle trial going on in LA. This trial is about the shooting in Oakland of a young black man named Oscar Grant by white BART Policeman Mehserle on New Year's Day 2009. Grant was one of several young men who were, allegedly, causing trouble and harrassing passengers on BART (the Bay Area Rapid Transit system). BART police interecepted the train at the Fruitvale Station and got the young men off. They struggled with them and handcuffed them. Grant was put on the pavement, face down, and officers attempted to cuff him. Not sure of all the details, but he allegedly wrested one arm free and brought it under his body. Mehserle, one of the officers handling Grant, pulled his gun and shot him. Grant died shortly thereafter. Many passengers waiting on trains took video with their cell phones. The video shows a routine takedown and officers trying to get the man's hands together. When Grant wrested his arm away, Mehserle drew his weapon and fired into Grant's back. Coroner says nothing could have saved Grant afterward.
Prosecution (and much of the Oakland community) thinks Mehserle should be convicted of 1st degree murder. Even before Grand Jury hearings had been completed last year, crowds thronged in the streets of Oakland on several occasions, and always erupted into violence/destruction when a "few" got ugly.
Oakland and surrounding communities, including San Francisco across the Bay, are preparing to exercise "mob control" in the event that some riot or other breaks out on the day the verdict is handed down. It should go to the jury tomorrow. The judge ruled today that insufficient evidence/cause existed to convict him of 1st degree murder. He ruled they can convict of 2nd degree murder. Prosecution doesn't want an option for manslaughter, voluntary or involuntary.
I think that's a mistake. I don't believe they're going to convict on 2nd degree murder if that's the only charge possible. I think it's obvious this was a tragic, horrible mistake on the part of the officer. He has no history of racial prejudice/action, and no video shows him doing anything out of order other than drawing his weapon and firing. He testified he thought he was drawing his laser as he wanted to stun the guy to keep him from resisting.
Regardless of the jury's decision, we think ugly things are going to happen in key hotspots here.
We will be "getting out of Dodge" on the day the verdict is reached, so to speak. The Courts have agreed to notify State/County/City governments two hours before the verdict is read. We will be told to go home and hunker down.
