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(998338)

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BART cop gets away with murder

Posted by Dand124 on Fri Nov 5 20:18:40 2010

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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/05/BA061G7HVS.DTL

A judge sentenced former BART police Officer Johannes Mehserle today to the minimum term of two years in state prison for fatally shooting unarmed train rider Oscar Grant during a video-recorded arrest in Oakland on Jan. 1, 2009.

A jury in Los Angeles County, where the trial was moved, found Mehserle guilty of involuntary manslaughter in July, acquitting him of the more serious charges of murder and voluntary manslaughter. Mehserle testified that he killed Grant accidentally, after mistaking his service pistol and his Taser.

The verdict meant that jurors concluded that Mehserle, 28, did not intend to kill Grant, 22, when he shot him in the back at Fruitvale Station, but acted negligently and took his life unlawfully.

The jury also found that Mehserle, a Napa County resident, had used a gun during the crime. However, Judge Robert Perry threw out the gun conviction today, saying it was not supported by the evidence, and gave Mehserle two years for the involuntary manslaughter conviction, the shortest term possible.

The judge said he believed Mehserle when the former officer testified during the trial that the shooting had been an accident.

With credit for time he has already served behind bars, Mehserle will be eligible for release in about seven months.

The judge's decision infuriated members of Grant's family, some of whom left the downtown Los Angeles courtroom in tears. Grant's mother, Wanda Johnson, and Sophina Mesa, the mother of Grant's 6-year-old daughter, stalked out before Perry finished his remarks.

John Burris, an attorney for Grant's family, said at a news conference afterward that the message to African Americans in the Mehserle case is that "your life ... can be taken from you with no just cause and no price to pay." Mehserle is white, while Grant was black.

Cephus Johnson, an uncle of Grant's, said angrily, "I knew what the judge was going to say even before he said it. This whole thing was argued before we got here today."

Mehserle, wearing an orange jail suit and his hands manacled, showed no reaction to the sentence. Some of his relatives in the gallery cried.

In remarks to the court before sentencing, Mehserle said, "I did not become an officer to take a life, but because it gave me the opportunity to protect and save lives. I pray the public can understand that police officers are also human."

He added, "I am deeply sorry. I am. ... Nothing I can ever do will heal the wound I have created."

In his sentencing remarks, Perry made it plain that he saw the case more in the light of how the defense had portrayed it than from the prosecution's point of view.

He said Grant was resisting BART police after being detained at the Fruitvale Station for allegedly fighting on a train. The judge said that when he moved to arrest Grant, Mehserle clearly intended to grab his Taser shock weapon instead of his gun.

Testimony during the trial showed that Mehserle had announced he was going to use the Taser, the judge noted. He quoted the testimony of one of Grant's friends, who said that after Mehserle fired a single shot into Grant's back, he said, "Oh s-, oh s-, I shot him."

"Mehserle's muscle memory took over in this moment of great danger and stress," Perry said. "No reasonable trier of fact could have concluded that Mehserle intentionally fired his gun."

Alameda County District Attorney Nancy O'Malley noted that Perry's rulings today were appealable. Her office "will now evaluate all legal options," she said in a statement.

Mehserle's possible sentence for involuntary manslaughter was two, three or four years, plus three, four or 10 years for the gun enhancement. The defense pushed for Mehserle's release on probation, which state law allows in involuntary manslaughter cases that are considered unusual.

The two sides had disagreed on what the jury signaled with its verdict. The defense said jurors showed they believed Mehserle's Taser story when they rejected murder and voluntary manslaughter, both of which require an intent to kill.

Prosecutors disagreed. They said jurors had found that Mehserle did not intend to kill Grant, but that he had meant to shoot him. The gun enhancement, prosecutors noted, required the panel to find that Mehserle had fired a gun on purpose.

Defense attorneys believe the jury misapplied the gun enhancement after it was poorly explained to them.

During trial, prosecutor David Stein said Mehserle had "lost all control" of his emotions before the shooting. The defense said he had made a mistake under pressure and cast blame on poor training at BART - particularly on the agency's Taser training, which Mehserle received a month before the shooting - and on the character of Grant, who had spent time in prison.

Grant had been detained at about 2 a.m. that New Year's Day, along with four friends, for fighting on a Dublin-Pleasanton train. Within minutes, Mehserle's then-colleague on the BART force, Anthony Pirone, reported that Grant had resisted him and ordered his arrest. Stein argued that the arrest itself was unlawful because Grant had cooperated.

Mehserle then moved to handcuff Grant as he lay on his chest, but struggled to pull back the Hayward man's right arm before standing up and pulling out his pistol.

Taking the stand near the end of the trial, Mehserle testified that he had decided to use his Taser because he saw Grant put his right hand in his pants pocket and believed he might be reaching for a gun.

Mehserle said he had accidentally pulled out his pistol and fired before realizing he had grabbed the wrong weapon.

Mehserle's shooting of Grant was witnessed by scores of New Year's revelers, several of whom recorded it on cell-phone cameras.

The trial was moved to Los Angeles in an effort to find impartial jurors. In the Bay Area, many community leaders, activists and others saw the shooting as a window into a larger problem of police officers abusing people of color with little accountability.

Today's sentencing "will have a detrimental impact on the relationship between the police and the African American community," said Burris, the Grant family attorney. "It only says there is no bridge here."

The sentencing is not the final word on Grant's death. The U.S. Justice Department has said that its civil rights division, along with the U.S. attorney's office and the FBI, will investigate the shooting "to determine whether the evidence warrants federal prosecution."

Pirone and his partner the night of the shooting, Marysol Domenici, were fired earlier this year by BART - Pirone for his actions on the train platform and Domenici for the way she reported the incident to investigators. Their appeals are pending.

BART agreed in January to pay $1.5 million in a civil settlement to Grant's daughter, Tatiana Grant. But Grant's mother, along with several of his friends who were with him when he was shot, still have pending lawsuits that may go to trial.

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(998348)

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Re: BART cop gets away with murder

Posted by arnine on Fri Nov 5 20:39:26 2010, in response to BART cop gets away with murder, posted by Dand124 on Fri Nov 5 20:18:40 2010.

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:(

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(998355)

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Re: BART cop gets away with murder

Posted by PHXTUSbusfan on Fri Nov 5 20:59:51 2010, in response to BART cop gets away with murder, posted by Dand124 on Fri Nov 5 20:18:40 2010.

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It's not murder.

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(998356)

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Re: BART cop gets away with murder

Posted by Dand124 on Fri Nov 5 21:06:00 2010, in response to Re: BART cop gets away with murder, posted by PHXTUSbusfan on Fri Nov 5 20:59:51 2010.

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If anyone other than a cop had shot an unarmed man this way it would be murder the cops should play by the same rules as everyone else. As it is now cops can shoot someone for no reason call it a “mistake” and get away with it and it sickens me.

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(998363)

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Re: BART cop gets away with murder

Posted by salaamallah@hotmail.com on Fri Nov 5 21:25:02 2010, in response to BART cop gets away with murder, posted by Dand124 on Fri Nov 5 20:18:40 2010.

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the victims life did not matter at all

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(998402)

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Re: BART cop gets away with murder

Posted by Jackson Park B Train on Fri Nov 5 22:33:49 2010, in response to Re: BART cop gets away with murder, posted by Dand124 on Fri Nov 5 21:06:00 2010.

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it is not FIRST degree murder. It IS despite the ignorant and incompetent judge, a felony which includes use of a gun. At a minimum Mehserle should have gotten the maximum applicable enhancement for that. One can only hope he has unguarded time in the yard... or perhaps like Dan White choose the honorable way out.


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(998528)

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Re: BART cop gets away with murder

Posted by Brighton Private on Sat Nov 6 12:41:18 2010, in response to Re: BART cop gets away with murder, posted by Jackson Park B Train on Fri Nov 5 22:33:49 2010.

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Blame the jury on this one, not the judge. They had the option of convicting him of a more serious crime, and chose the least serious, involuntary manslaughter.

At that point, the potential sentence range was only 2-4 years. Under sentencing guidelines, there were no aggravating circumstances, and the judge followed the rules. He knew the sentence would be very unpopular.

I have a hard time believing a cop can't tell the difference between a Taser and a gun, but the jury bought it.


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(998540)

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Re: BART cop gets away with murder

Posted by Jackson Park B Train on Sat Nov 6 13:29:42 2010, in response to Re: BART cop gets away with murder, posted by Brighton Private on Sat Nov 6 12:41:18 2010.

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1. the judge himself admitted poor jury instructions
2. the judge tossed the use of a gun during a felony conviction thus refusing to add the 2-10 specified for that conviction.
3. yes the jury bought the excuse.
4. in every Western I saw as a kid shooting someone in the back was portrayed as evil. I still hold that view.


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(998546)

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Re: BART cop gets away with murder

Posted by vfrt on Sat Nov 6 13:45:29 2010, in response to Re: BART cop gets away with murder, posted by salaamallah@hotmail.com on Fri Nov 5 21:25:02 2010.

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I believe that in the heat of the struggle the cop grabbed his gun by mistake. But if the criminal in question didn't struggle, well then he'd be alive today. BTW, did the victim have an arrest record??




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(998549)

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Re: BART cop gets away with murder

Posted by Easy on Sat Nov 6 13:46:49 2010, in response to Re: BART cop gets away with murder, posted by vfrt on Sat Nov 6 13:45:29 2010.

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Both the cop and the victim have arrest records.

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(998566)

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Re: BART cop never committed murder

Posted by Chris R16/R2730 on Sat Nov 6 14:46:02 2010, in response to BART cop gets away with murder, posted by Dand124 on Fri Nov 5 20:18:40 2010.

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Involuntary manslaughter is the crime which best fits what happened here. Kudos to the jury for getting one right.

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(998597)

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Re: BART cop gets away with murder

Posted by Jackson Park B Train on Sat Nov 6 15:17:35 2010, in response to Re: BART cop gets away with murder, posted by Easy on Sat Nov 6 13:46:49 2010.

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excuse me. A previous arrest record has ZERO bearing on what happened. Whether he is a choirboy or a knucklehead, is irrelevant to the situation. The cop shot him in the back while he was on the ground. The cop used deadly force unnecessarily and IMHO illegally. While in commission of the illegal killing, the cop used a gun. The law and order freaks here in CA long ago passed a law making use of a gun during commission of a felony a separate chargeable felony. I make NO defense of the out of control reveler, but shooting an unarmed person in the back while prone on the platform is not what I as a citizen want our police to do. The judge's erroneous dismissal of the gun use conviction and general wrist slapping sends a very evil message--cops may execute merely unruly citizens at very risk to themselves. I sincerely hope Mehserle does himself in.





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(998611)

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Re: BART cop gets away with murder

Posted by vfrt on Sat Nov 6 15:55:41 2010, in response to Re: BART cop gets away with murder, posted by Jackson Park B Train on Sat Nov 6 15:17:35 2010.

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==A previous arrest record has ZERO bearing on what happened.==

Well, maybe. But I'd still like to know.

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(998622)

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Re: BART cop never committed murder

Posted by Olog-hai on Sat Nov 6 16:11:13 2010, in response to Re: BART cop never committed murder, posted by Chris R16/R2730 on Sat Nov 6 14:46:02 2010.

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The OP must have a GF that's filling his mind with crazy notions. Mehserle's no murderer, and Oscar Grant was a waste of life.

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(998628)

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Re: BART cop never committed murder

Posted by Dand124 on Sat Nov 6 16:20:50 2010, in response to Re: BART cop never committed murder, posted by Chris R16/R2730 on Sat Nov 6 14:46:02 2010.

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If Cory Maye is a murderer then so is this pig; I’m tired of pigs getting away with stuff that no one else would.

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(998629)

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Re: BART cop never committed murder

Posted by Dand124 on Sat Nov 6 16:21:30 2010, in response to Re: BART cop never committed murder, posted by Olog-hai on Sat Nov 6 16:11:13 2010.

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So you think the cops should be able to murder in black person they feel like?

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(998639)

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Re: BART cop never committed murder

Posted by Broadway Lion on Sat Nov 6 16:39:53 2010, in response to Re: BART cop never committed murder, posted by Dand124 on Sat Nov 6 16:21:30 2010.

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LION did not know the color of the cops or the perps.

Do you think it is racist every time a black person gets killed?
Most blacks are killed by other blacks. If a white man is killed by a cop (white or black) we do not think racism. Isn't it racism to label a crime a racism just because the subjects are of different races?

If I see a white man killed by a black cop, I do not think of race, rather I think, "gee... what happened." I presume the officer acted properly and I further think that being a police officer is already difficult enough, and it is a good thing that they are able to protect themselves and society as well.

Do cops screw up and make mistakes? Sure they do. Do some fly off the handle and shoot up the world? Yes they do that too, and we do not even ask if they were Muslim or not.

It is a tragic enough situation without bringing race into it.



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(998641)

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Re: BART cop never committed murder

Posted by Broadway Lion on Sat Nov 6 16:43:18 2010, in response to Re: BART cop never committed murder, posted by Dand124 on Sat Nov 6 16:20:50 2010.

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Who is Cory Maye and what did he (she?) do?

This officer did not start his day planning to shoot a black man, ergo is could not be murder. Manslaughter is what it tops out at, if that. And the jury did think that it was manslaughter, and so that is that.



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(998644)

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Re: BART cop never committed murder

Posted by Dand124 on Sat Nov 6 16:49:10 2010, in response to Re: BART cop never committed murder, posted by Broadway Lion on Sat Nov 6 16:43:18 2010.

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http://en.wikipedia.org/wiki/Cory_Maye

Cops should be held to a higher standard than the rest of us rather than a lower standard; as it is now cops can shoot anyone they feel like(usually a minority) claim it’s a mistake than either escape punishment all together or get a slap on the wrist.

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(998646)

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Re: BART cop never committed murder

Posted by Dand124 on Sat Nov 6 16:50:13 2010, in response to Re: BART cop never committed murder, posted by Broadway Lion on Sat Nov 6 16:39:53 2010.

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When cops commit murder (only they never call it murder) the victim is usually a minority.

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(998649)

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Re: BART cop never committed murder

Posted by salaamallah@hotmail.com on Sat Nov 6 16:56:56 2010, in response to Re: BART cop never committed murder, posted by Dand124 on Sat Nov 6 16:50:13 2010.

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you can count on that

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(998650)

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Re: BART cop never committed murder

Posted by salaamallah@hotmail.com on Sat Nov 6 17:05:57 2010, in response to Re: BART cop never committed murder, posted by Dand124 on Sat Nov 6 16:49:10 2010.

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true !

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(998656)

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Re: BART cop gets away with murder

Posted by Easy on Sat Nov 6 17:18:18 2010, in response to Re: BART cop gets away with murder, posted by Jackson Park B Train on Sat Nov 6 15:17:35 2010.

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I only stated a fact in response to a question and haven't offered any opinion on its relevancy.

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(998657)

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Re: BART cop gets away with murder

Posted by The Flxible Neofan on Sat Nov 6 17:19:27 2010, in response to Re: BART cop gets away with murder, posted by Jackson Park B Train on Sat Nov 6 15:17:35 2010.

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I highly agree with everything except the last one, as I don't wish death on anyone. The karma thing, ya dig?

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(998658)

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Re: BART cop gets away with murder

Posted by The Flxible Neofan on Sat Nov 6 17:20:39 2010, in response to Re: BART cop gets away with murder, posted by Easy on Sat Nov 6 17:18:18 2010.

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I understand, but there are MANY people out there trying to justify the killing of Mr. Grant because of his less than stellar history.

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(998660)

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Re: BART cop never committed murder

Posted by Easy on Sat Nov 6 17:23:30 2010, in response to Re: BART cop never committed murder, posted by Dand124 on Sat Nov 6 16:49:10 2010.

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What higher standard? The cop in this case had a jury trial where he was convicted. Are you saying that cops shouldn't have access to jury trials?

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(998661)

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Re: BART cop never committed murder

Posted by Easy on Sat Nov 6 17:24:57 2010, in response to Re: BART cop never committed murder, posted by salaamallah@hotmail.com on Sat Nov 6 16:56:56 2010.

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No you can't.

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(998664)

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Re: BART cop never committed murder

Posted by Dand124 on Sat Nov 6 17:30:39 2010, in response to Re: BART cop never committed murder, posted by Easy on Sat Nov 6 17:23:30 2010.

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I’m saying the juries give pigs far more respect than they deserve; if a regular person made a ‘mistake’ like he would have gotten the death penalty like Cory Maye did.

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(998682)

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Re: BART cop gets away with murder

Posted by The Flxible Neofan on Sat Nov 6 17:50:27 2010, in response to BART cop gets away with murder, posted by Dand124 on Fri Nov 5 20:18:40 2010.

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It's things like this why there are (sadly) many people (mostly black and hispanic people) who either don't like, don't trust, or feel uncomfortable around the police. It's reasons like this why people (again, mostly black and hispanic people) don't come forward to work with the police and report a crime. Reasons like this are why many people don't have faith in the law.

I believe that Mehersle didn't maliciously plan on whipping out a gun to kill Oscar. However, his carelessness with his weapon and irresponsibility to appropriately handle a weapon lead to the needless loss of a life, destroying a family, killing a little girls father...the life of a man who oh so conveniently fits the description of so many criminals on the road. A young black man.

It makes me shudder in fear to think of all the officers out there, armed with guns and tasers, walking along the streets. If caught in a scuffle, one misinterpreted move, even walk secured, could end a life where people can say "oops" and get a slap on the wrist. This doesn't happen to "normal folk" that can't afford excellent representation. This verdict sent a VERY bad message to at least the black community, perhaps the Hispanic community as well.

This verdict disgusts me. In a world where people rush to try children as adults, I'm appalled that the verdict was so light, and going for the minimum sentence...wow.

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(998683)

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Re: BART cop gets away with murder

Posted by Olog-hai on Sat Nov 6 17:52:05 2010, in response to Re: BART cop gets away with murder, posted by The Flxible Neofan on Sat Nov 6 17:50:27 2010.

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No, that's baloney.

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(998684)

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Re: BART cop gets away with murder

Posted by salaamallah@hotmail.com on Sat Nov 6 17:53:07 2010, in response to Re: BART cop gets away with murder, posted by Olog-hai on Sat Nov 6 17:52:05 2010.

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no it is not !

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(998687)

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Re: BART cop didn't commit murder

Posted by Olog-hai on Sat Nov 6 17:53:48 2010, in response to Re: BART cop gets away with murder, posted by The Flxible Neofan on Sat Nov 6 17:20:39 2010.

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What justify? The policeman got convicted of involuntary manslaughter. He's got time served already.

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(998698)

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Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:02:50 2010, in response to Re: BART cop didn't commit murder, posted by Olog-hai on Sat Nov 6 17:53:48 2010.

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He committed murder and got away with it that’s the point.

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(998700)

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Re: BART cop didn't commit murder

Posted by RockParkMan on Sat Nov 6 18:04:16 2010, in response to Re: BART cop didn't commit murder, posted by Olog-hai on Sat Nov 6 17:53:48 2010.

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HOW DARE YOU TALK ABOUT GERMANY.

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(998701)

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Re: BART cop didn't commit murder

Posted by Olog-hai on Sat Nov 6 18:04:49 2010, in response to Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:02:50 2010.

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You calling the judge a liar? What do you know about law?

You're nothing but a Nazi.

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(998703)

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Re: BART cop gets away with murder

Posted by The Flxible Neofan on Sat Nov 6 18:05:22 2010, in response to Re: BART cop gets away with murder, posted by Olog-hai on Sat Nov 6 17:52:05 2010.

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Baloney? What part of it was baloney? Quite frankly, my post hits the mark PRECISELY on the point of view of so many people that have seen this story, so many people who rioted the streets of Oakland, and the many people who are/would be horrified at the result of this verdict.

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(998705)

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Re: BART cop didn't commit murder

Posted by RockParkMan on Sat Nov 6 18:06:42 2010, in response to Re: BART cop didn't commit murder, posted by Olog-hai on Sat Nov 6 18:04:49 2010.

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You're the biggest Nazi since Hitler ate his gun.

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(998706)

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Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:07:01 2010, in response to Re: BART cop didn't commit murder, posted by Olog-hai on Sat Nov 6 18:04:49 2010.

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I’m saying that the entire criminal ‘justice’ system has a pro pig bias; pigs can get away with whatever they want with minimal oversight.

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(998708)

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Re: BART cop didn't commit murder

Posted by The Flxible Neofan on Sat Nov 6 18:09:08 2010, in response to Re: BART cop didn't commit murder, posted by Olog-hai on Sat Nov 6 17:53:48 2010.

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I like to read the comments beneath news articles posted online. People like to point out his record as if Oscar Grant deserved to lose his life in such a manner, and practically celebrate about it. I guess it makes the situation less tragic for them.

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(998722)

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Re: BART cop gets away with murder

Posted by Jackson Park B Train on Sat Nov 6 18:20:03 2010, in response to Re: BART cop gets away with murder, posted by The Flxible Neofan on Sat Nov 6 17:19:27 2010.

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it is not that I wish death, I believe his karmic debt is best redeemed as death by his own hand.

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(998724)

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Re: Olog-hai cheers when pigs kill minorities

Posted by salaamallah@hotmail.com on Sat Nov 6 18:22:49 2010, in response to Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:07:01 2010.

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truth

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(998728)

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Re: Olog-hai cheers when pigs kill minorities

Posted by Dutchrailnut on Sat Nov 6 18:27:24 2010, in response to Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:02:50 2010.

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A Jury of his peers did not see it your way.
And you were not there, neither was Jury but they got way more information than you got DanD124

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(998729)

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Re: BART cop didn't commit murder

Posted by Olog-hai on Sat Nov 6 18:27:32 2010, in response to Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:07:01 2010.

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More lies out of you. You're the true "pig" in the vein of Orwell's Animal Farm.

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(998732)

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Re: BART cop didn't commit murther

Posted by Olog-hai on Sat Nov 6 18:29:47 2010, in response to Re: Olog-hai cheers when pigs kill minorities, posted by Dutchrailnut on Sat Nov 6 18:27:24 2010.

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He can stop pretending to be a libertarian now. He's a hardcore anarcho-communist; nobody else would refer to police as "pigs".

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(998733)

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Re: Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:30:59 2010, in response to Re: Olog-hai cheers when pigs kill minorities, posted by Dutchrailnut on Sat Nov 6 18:27:24 2010.

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The entire criminal ‘justice’ system has a pro pig bias; people are thought to respect pigs from a young age. Juries will always let a cop off the hook when he murders a minority with a criminal record.

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Re: Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:32:29 2010, in response to Re: BART cop didn't commit murther, posted by Olog-hai on Sat Nov 6 18:29:47 2010.

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Pigs are the thugs of the state; they spend most of their time enforcing unjust laws.

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Re:

Posted by Olog-hai on Sat Nov 6 18:36:07 2010, in response to Re: Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:32:29 2010.

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You really are the enemy of the USA, aren't you?

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Re:

Posted by Olog-hai on Sat Nov 6 18:36:48 2010, in response to Re: Olog-hai cheers when pigs kill minorities, posted by Dand124 on Sat Nov 6 18:30:59 2010.

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You're making no friends with that rhetoric. You're outdoing JournalSquare-K-Car in terms of misanthropy.

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Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:37:46 2010, in response to Re:, posted by Olog-hai on Sat Nov 6 18:36:07 2010.

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How did you find out I’m a German agent?

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Re:Olog-hai cheers when pigs kill minorities

Posted by Dand124 on Sat Nov 6 18:38:49 2010, in response to Re:, posted by Olog-hai on Sat Nov 6 18:36:48 2010.

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You're outdoing JournalSquare-K-Car in terms of misanthropy.

no you are

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