Ex-BART officer Mehserle sentenced to two years in prison for fatal shooting of unarmed man [updated]

A former transit police officer convicted of involuntary manslaughter for fatally shooting an unarmed man on an Oakland train station platform was sentenced by a Los Angeles judge Friday to two years in prison.

Johannes Mehserle, 28, contended that he mistakenly used his firearm instead of an electric Taser weapon when he shot Oscar J. Grant III in the early hours of New Year’s Day 2009. But prosecutors argued at his trial that Mehserle meant to reach for his handgun as he tried to handcuff an unresisting Grant, who was lying face-down on the platform floor.

Grainy video footage captured by several witnesses shows Mehserle, who is white, firing one round into the back of Grant, who was black. The racially charged case sparked rioting in Oakland soon after the shooting and again in July, when a Los Angeles jury acquitted Mehserle of murder but found him guilty of a lesser crime. The trial had been moved to downtown Los Angeles amid concern about the extensive media coverage of the killing in the Bay Area.

Mehserle, whose manslaughter conviction included a gun enhancement that increased his possible sentence, faced up to 14 years in prison. The judge, who called it an "accidental shooting," on Friday tossed out the gun enhancement. 

[Updated, 1:30 p.m.: After the sentencing was announced, Grant's mother, Wanda Johnson, emerged from the courtroom muttering, "Nothing, he got nothing!" The family declined to talk to reporters.

About 50 Grant supporters lined up in front of the courthouse chanting, "Mehserle is guilty, guilty. The whole damn system is guilty, guilty."

In downtown Oakland, where a memorial was being set up for his grandson, Oscar Grant Sr., 65, said, “It’s a bad decision. No time can bring [Oscar] back. But [Mehserle] should have served some time. Otherwise, they’re telling the public, though he went to trial, a policeman can shoot someone and go free. These guys have a license to kill.”

But the elder Grant discouraged violent protests.

“My message to the public is don’t use this as a reason to destroy this city,” he said.]

During the trial, an Alameda County prosecutor argued that Mehserle intentionally shot Grant, who had been detained with several friends following reports of a fight on a train stopped at the Fruitvale Station. The officer's holster was specially designed to prevent easy release of his firearm. And the prosecutor contrasted the light, bright yellow Taser gun with the heavier black Sig Sauer handgun that Mehserle fired.

In tearful testimony, Mehserle said he intended to use his Taser because he believed Grant might be reaching for a gun in his pants pocket.

Two people, including a friend of Grant's, testified that they heard the officer say shortly before the shooting that he intended to use his Taser. Numerous witnesses said the officer looked shocked after the gunshot.

-- Jack Leonard and Abby Sewell in Los Angeles, and Maria L. La Ganga in Oakland

RELATED:

Former BART officer recounts fatal shooting

Former BART officer convicted of involuntary manslaughter in racially charged shooting case

Former BART officer convicted of involuntary manslaughter

Photo: Johannes Mehserle, right, shown Jan. 14, 2009 in the East Fork Justice Court in Minden, Nev. Credit: Associated Press/Cathleen Allison

Comments

[Michael Wiseman]

This decision was very wrong. He should have gotten far more time than this. It wasn't like falling asleep at the wheel. It was killing a person whose life he's sworn to protect, with a gun... while in the act of exceeding his authority under the law to grab a cell phone away from someone who was photographing him and another officer while they were doing it.

[mansterEZ1]

Two years for taking someone's life by mistake? I know of people who get 5 years for a probation violation and who didn't kill or hurt anyone. Is this guy going straight into PC? He will be a target you can bet on that.

[Joe]

HAHAHAHAHA

HE got nothing, he'll be out by xmas. God bless the american justice system

[Nik G.]

In case you needed more proof that a badge is a license to get away with murder.

http://www.youtube.com/watch?v=WMG0qu3XP7k

[30 to Life]

I do not feel this is justice! It is actually quite appalling to see that a police officer can mistakenly shoot a young man and get only 2 years but a regular civilian doesn't even have to have murdered someone to get 30 years due to our ridiculous 3 strikes laws. Our system is unfortunatly corrupt and no one has the power to stop it. I wonder how these so called judges lay their heads down and go to sleep at night knowing how pursuaded they can be. All I can say everyone must answer to our maker! RIP Oscar and my prayers to the Grant family.

[get out of oakland]

Oaktown is going to be in flames tonight. Poor judgement

[StayC]

He got off easy. There is no justice. People can say don't riot in Oakland but that's the only way the pain of this whole situation will be heard.

He was a BART cop, not even a real cop and he got away with shooting a young black father in the back while his face was on the ground. Mehserle is a disgusting excuse for a man. I am white and completely disagree with this outcome. Why have a justice system if justice is not served?

STOP ABUSING YOUR POWER, KILLER COPS!

[Andy]

This is an instance where no matter the outcome of the trial, it is a tragedy for everyone involved. One man lost his life; the other lost his job, credibility, and will lose a couple years of his life. We should pray that the city doesn't start rioting after this; we should pray for the families and everyone involved; we should pray that they find Jesus, and the peace that only He can give to them.

[Gary]

Two years for killing a man??? How, in this great country, can a man get away with murder like this? The judge should should get two years for poor judgement.

[He got a way with a crime....]

This suck's, if he were black or hispanic, shooting a white person, that was laying down, he would at minimum get the maximum of 7 years for manslaughter, if that; I believe that they would charge them with Murder 1. Flat out, this shows our weakness, and enthocentricism as a society, this really sucks. White Guy got off easy, I'm sure he will only serve like 2/3 more months before he's completly released from jail, at least for good behaivior.

Our Court Systems Suck! Our Favoritism "Enthocentrism" Favor's white people at every leve. This kind of thinking needs to stop, no culture/race is better than the other. This needs to stop, and all people, citizens or those that protect us, need to be upheld to the highest law if we create a crime.

-Latino Writer.

[Wow]

Wow 2 years for shooting a guy in the back while face down on the floor!!!!
This is the kind of thing that makes people lose faith in the system
This should be at least 10 years in jail
Bad call judge

[Jamal]

If it were a black cop killing an unarmed white guy all the blacks would be partying. Probably wouldn't see the inside of a jail at all. The only reason this white cop was found guilty was to please the negros and plus the jury was afraid of retaliation.

[BGosh]

I still don't understand what a transit officer is doing with a live weapon.

[Jason]

Murderer? HELLO. Why was a fight breaking out on a subway? What kind of animals fight in public? I'll tell you what kind, Oscar Grant III animals.

The officer was negligent. So, he deserved some form of punishment. Hopefully he will get on soon with good behavior.

[Duane]

Were extra police deployed to West LA & Beverly Hills in case he had been given what might be considered a long jail term?

[Earl A. McCoubrey]

Had the roles been the other way around, and a civilian had accidentally shot and killed a police officer, how long of a sentence would the civilian have gotten? The police department would have had a state funeral for the officer.

[DG3]

His excuse has always been laughable. He wanted to kill a black man, and that's what he did.

[Barnes]

You are a fool if you believe he intended to shoot this man or if you think this was racially motivated. If he intended, Why Grant? Why not the black guy before Grant?

The reality is this wasn't murder and Mehserle wasn't a racist. He was poorly trained in the use of his Taser, too eager to deploy and went to a motion he is trained in regularly.

It is up to all peace officers to know their equipment and it is important for them to seek additional training necessary for them to accomplish their job on their own. The more comfortable they are going hands-on, the less likely they will need to move up the "use-of-force ladder".

[Stong Beach]

Protection from the complextion.

[Matthew Figueroa]

A man practically gets executed in public and the killer only gets two years? Something is seriously wrong with this picture.

[travis]

That officer new exactly what he was doing. all these officers do is abuse their authority whenever they get the chance. I live in the san fernando valley & the LAPD ( the biggest gang in LA)act like they are the untouchables. They act like hardened gang members & its a shame cuz you cant even trust them. give this cop some real time as if he were a citizen. Now he will have some b.s. 2 year sentence where he will be in protective custody & probably serve a fraction of what this muderer deserves.

[Ex-Angelino]

Two years of state time for shooting a man being held down by other cops? This is not supposed to start a riot.....how? By the way, isn't there some guidance about not releasing provocative verdicts on Friday afternoons in the middle of a heat wave?

[dfb]

You fail to note that the rioting was done by anarchists dressed in black rather than folks protesting the verdict.

[Antonia Gommerman]

Where is our justice system? Next time this happens this could be you, or your loved ones. The criminal justice system is obviously not to be trusted any longer if their lackeys can get away with shooting innocent people.

[Carlos]

The moral is the cops going to jail but it don't pay to get uppidy with da police