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Lawyer: Transit cop may have pulled wrong gun
YAHOO NEWS! ^ | 31 Jan 2009 | TERRY COLLINS

Posted on 01/31/2009 8:20:07 PM PST by LuxMaker

Oakland Train Station Shooting

Slideshow: Oakland Train Station Shooting

OAKLAND, Calif. – The transit officer who shot and killed an unarmed man may have mistakenly pulled his service pistol instead of a stun gun, his lawyer said Friday.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: 5thamendment; bart; donutwatch; fifthamendment; jbt; jbts; johannesmehserle; streetganginblue
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1 posted on 01/31/2009 8:20:07 PM PST by LuxMaker
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To: LuxMaker

Well then; that excuses everything.


2 posted on 01/31/2009 8:20:55 PM PST by Mr. Lucky
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To: LuxMaker
You can tell that by the look on his face right after it happened.

And the looks on the faces of the cops whose faces were inches away from the Glock when he fired it.

3 posted on 01/31/2009 8:21:59 PM PST by E. Pluribus Unum (You give peace a chance. I'll stay back here and cover you, just in case it don't work out.)
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To: Mr. Lucky

It’s like the guy who pulls the pin on a grenade and throws the pin.


4 posted on 01/31/2009 8:24:56 PM PST by Thrownatbirth (.....Iraq Invasion fan since '91.)
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To: LuxMaker
"May have"?

I "may have" been pulling the wrong lever all these years by voting in these people who hired these people and gave them the mission to be put in the position to pull the "wrong" gun.

5 posted on 01/31/2009 8:28:29 PM PST by elkfersupper (Member of the Original Defiant Class)
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To: LuxMaker

That’s the only possible defense that could be raised. It was called by more than a few people on threads here when it happened. I wasn’t aware that Glocks felt so much like Tasers.


6 posted on 01/31/2009 8:30:55 PM PST by allmost
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To: Mr. Lucky

Inconsistencies abound and I just noticed that the after action police report is strangely not mentioned.


7 posted on 01/31/2009 8:33:42 PM PST by LuxMaker (The Constitution is a mere thing of wax in the hands of the judiciary, Thomas J 1819)
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To: allmost

Many tasers have pistol grips and actually simulate the feel of a pistol.


8 posted on 01/31/2009 8:33:44 PM PST by umgud (I'm really happy I wasn't aborted)
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To: allmost

Actually, the first defense I thought of was to claim that he meant to call for backup, and mistook the trigger on his gun for the “talk” button on his walkie-talkie. This is WAY better.


9 posted on 01/31/2009 8:34:56 PM PST by Flash Bazbeaux
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To: allmost

The only possible defense that doesn’t implicate the cop deliberately killing the guy.

He probably did pull the wrong weapon. Maybe they shouldn’t have such a number of things on their belt if they have a hard time keeping track of them. Besides they’re trained and they still make a mistake like this.


10 posted on 01/31/2009 8:39:06 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: umgud

Even if they felt similar. There’s a little bit of a weight difference don’t you think?


11 posted on 01/31/2009 8:39:37 PM PST by allmost
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To: umgud
Many tasers have pistol grips and actually simulate the feel of a pistol.

Oakland cops were reporting immediately after the incident that the tasers and pistols have completely different grips, and that officers go through training in order to distinguish between them in actual use. These cops said no way can you confuse the use of a pistol with a taser. This is a very weak defense.

12 posted on 01/31/2009 8:39:59 PM PST by roadcat
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To: LuxMaker

Let any “civilian” try such a lame arsed excuse and see just how long he spends in prison.

Saying “Oops, my bad!” isn’t good enough when a man is dead.

And why would he be intending to use a tazer on a man in handcuffs in the first place? Inflicting a bit of blue justice perhaps?


13 posted on 01/31/2009 8:41:28 PM PST by Dr.Zoidberg
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To: LuxMaker
Tasers are carried on the weak hand side.

Pistols are carried on the strong hand side.

OBTW why did he need a taser ?

Subject was face down and under control.


14 posted on 01/31/2009 8:42:19 PM PST by Uri’el-2012 (Psalm 78:35 And they remembered that God was their ROCK, And the Most High God their Redeemer.)
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To: Dr.Zoidberg

According to the article they claim they had not handcuffed him yet when the victim allegedly went for his waistband for a possible weapon.


15 posted on 01/31/2009 8:44:45 PM PST by LuxMaker (The Constitution is a mere thing of wax in the hands of the judiciary, Thomas J 1819)
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To: roadcat
Oakland cops were reporting immediately after the incident that the tasers and pistols have completely different grips

I had read that as well.
16 posted on 01/31/2009 8:44:58 PM PST by allmost
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To: LuxMaker

It was my understanding he was handcuffed, if this is the first time I’ve heard he wasn’t.


17 posted on 01/31/2009 8:49:29 PM PST by Dr.Zoidberg
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To: umgud
Many tasers have pistol grips and actually simulate the feel of a pistol

I've noticed that, in the tasers I've seen at gun shows. Major design flaw.

18 posted on 01/31/2009 8:49:37 PM PST by VoiceOfBruck (There's no such thing as "some" freedom of speech)
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To: Dr.Zoidberg

- if

I really need to proofread better.


19 posted on 01/31/2009 8:52:01 PM PST by Dr.Zoidberg
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To: All

This was obviously and accidental shooting.

These punks went out looking for trouble and they found it.

I live in the SF Bay Area and I talked to several friends who were riding the BART ( Bay Area Rapid Transit) trains that night, and they said the trains were packed with groups of thugs from Richmond and Oakland and they were picking fights and starting trouble.

This Oscar Grant character was no angel, as he was 22 years old and already had several arrests and was on parole, and a young child.


20 posted on 01/31/2009 8:55:47 PM PST by Rodney Dangerfield (Barack Obama - aka "President Milli Vanilli")
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To: LuxMaker
According to the article they claim they had not handcuffed him yet when the victim allegedly went for his waistband for a possible weapon.

Bogus. Lord help us if you have a nervous twitch because a cop is kneeling on your neck while you're held face down, and that's just cause for another cop to pull the trigger on you. This is simply a bad cop that needs to be put away for good.

21 posted on 01/31/2009 8:57:53 PM PST by roadcat
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To: roadcat

Don’t know what models they had, but there sure are models that mimic handguns. Be that as may, you’re right that it is a very weak defense.


22 posted on 01/31/2009 9:00:13 PM PST by umgud (I'm really happy I wasn't aborted)
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To: roadcat

23 posted on 01/31/2009 9:02:59 PM PST by umgud (I'm really happy I wasn't aborted)
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To: VoiceOfBruck; umgud
u>Many tasers have pistol grips and actually simulate the feel of a pistol

I've noticed that, in the tasers I've seen at gun shows. Major design flaw.

If the Department chose a taser that in any way mimics
the service pistol, they, the Department, would be liable.

24 posted on 01/31/2009 9:05:48 PM PST by Uri’el-2012 (Psalm 78:35 And they remembered that God was their ROCK, And the Most High God their Redeemer.)
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To: LuxMaker

The guy was flat on his belly, why taze him?


25 posted on 01/31/2009 9:06:06 PM PST by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: SWAMPSNIPER
According to the article:

"According to a statement from Officer Tony Pirone, Mehserle told Grant to stop resisting and put his hands behind his back. Then, according to Pirone's statement, Mehserle said: "I'm going to taze him, I'm going to taze him. I can't get his arms. He won't give me his arms. His hands are going for his waistband.""
26 posted on 01/31/2009 9:08:55 PM PST by LuxMaker (The Constitution is a mere thing of wax in the hands of the judiciary, Thomas J 1819)
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To: Dr.Zoidberg
Let any “civilian” try such a lame arsed excuse and see just how long he spends in prison.
Saying “Oops, my bad!” isn’t good enough when a man is dead.
And why would he be intending to use a tazer on a man in handcuffs in the first place? Inflicting a bit of blue justice perhaps?

Well, the guy's been arrested and charged with murder, so I suppose they could lynch him, drag him through the streets or something. Maybe just beat the ever loving crap out of him and then shoot him a few times.

WTF else is the justice system supposed to do? He's been charged, it will go to a grand jury, then to trail and whatever the sentence is.

BTW, a civilian I knew beat a guy to death with a 2X4 and got probation. He ended up doing about five years later when he was busted for a DWI, which violated his probation.

27 posted on 01/31/2009 9:09:57 PM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Richard Kimball

trail=trial. Sorry.


28 posted on 01/31/2009 9:12:55 PM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: LuxMaker

To lawyer: There is a huge difference between an explanation and a valid excuse.


29 posted on 01/31/2009 9:13:04 PM PST by Centurion2000 (01-20-2009 : The end of the PAX AMERICANA.)
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To: Richard Kimball

At no point have I suggested he be lynched.

I was expressing my disgust at such a ridiculous excuse for taking a life.

Care to cut a little bit more of that whole cloth?


30 posted on 01/31/2009 9:17:41 PM PST by Dr.Zoidberg
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To: Dr.Zoidberg
And why would he be intending to use a tazer on a man in handcuffs in the first place? Inflicting a bit of blue justice perhaps?

Actually, I believe Our wannabe "Dirty Harry" Calahan wanted to use his new toys on a live subject and was stupid enough to pull his service pistol instead of his tazer.

Stupidity, like it's cousin Ignorance, is no excuse for violating the law.(in this case, murder)
31 posted on 01/31/2009 9:19:40 PM PST by RedMonqey
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To: LuxMaker
According to the article they claim they had not handcuffed him yet when the victim allegedly went for his waistband for a possible weapon.

And then the cops rushed around and forcibly confiscated the camera phones of all the onlookers (except for a few who beat it out of there before the cops could steal their property).

32 posted on 01/31/2009 9:22:47 PM PST by ellery (It's a free country.)
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To: Dr.Zoidberg

your 3 points are dead on the money Dr. what a freakin’ joke.


33 posted on 01/31/2009 9:33:55 PM PST by bobby.223
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To: ellery

I need to pay better attention I guess. I had not heard about this.


34 posted on 01/31/2009 9:37:26 PM PST by bobby.223
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To: Dr.Zoidberg
Care to cut a little bit more of that whole cloth?

No problem at all.

35 posted on 01/31/2009 9:41:17 PM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Centurion2000
To lawyer: There is a huge difference between an explanation and a valid excuse.
The transit officer who shot and killed an unarmed man may have mistakenly pulled his service pistol instead of a stun gun, his lawyer said Friday.
"may have" makes it neither. It means either the ex-cop is refusing to talk to his lawter, or the lawyer is testing an argument to see how it will sound to the jury pool.
36 posted on 01/31/2009 9:44:55 PM PST by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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To: Secret Agent Man

or he killed the guy in a blind rage and the look of horror on his face is because he realized...oops my life is over just like this guys. The police chased down people trying to get the cell phone cameras away from them...Where do you suppose these cell phones are now?


37 posted on 01/31/2009 9:49:03 PM PST by bronxboy
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To: Rodney Dangerfield

Well I’ve seen multiple videos...one cop hit this guy before the shooting. He sure didn’t look like he was resisting to me. But I get it...Cops have the right to kill those they consider to be bad guys at will. You better hope they don’t mistake you for one of these bad guys...you could take a dirt nap.


38 posted on 01/31/2009 9:53:23 PM PST by bronxboy
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To: LuxMaker

Happens to me all the time. I always wondered why the stun gun made so much noise though.


39 posted on 01/31/2009 9:57:50 PM PST by count-your-change (You don't have be brilliant, not being stupid is enough.)
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To: LuxMaker

I live in Oakland and travel past Fruitvale daily.

It was an accident, the funny part is the “protestors” are mainly Left Wingers funded by Soros from San Francisco (white kids/agitiators).

These protestors also had nothing to say about the other 125 murders in Oakland the past 12 months.


40 posted on 01/31/2009 10:01:08 PM PST by wac3rd (In the end, we all are Conservative, some just need their lives jolted to realize that fact.)
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To: wac3rd
I live in Oakland and travel past Fruitvale daily.

It was an accident, the funny part is the “protestors” are mainly Left Wingers funded by Soros from San Francisco (white kids/agitiators).

These protestors also had nothing to say about the other 125 murders in Oakland the past 12 months.

Like this Fatal Shooting in Oakland, no protests or outcry here!

As commenters to this article said:

"Another shooting in Oakland. Shocking, very shocking."

"Exactly. Where are the protestors? Where is the demand for justice for this victim of homocide? Those who use the race card for personal gain or advantage sicken me since in these cases, it was never about resolution or equality."

"I have a feeling that this will not result in protests at City Hall, the Court House or OPD. Someone commented because there is no video. That is BS, because there is a "stop snitchen" mentality that permeates the ghetto. If the video footage from New Year's Eve depicted a thug shooting another thug over dope, cash and/or both, it would not have made it to the media or the police because people are scared to do the right thing unless it is sensational or can bring in the big money. As with much in Oakland...TO BE CONTINUED...."

41 posted on 01/31/2009 10:08:29 PM PST by thecodont
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To: ellery
And then the cops rushed around and forcibly confiscated the camera phones of all the onlookers (except for a few who beat it out of there before the cops could steal their property).

The cops illegally confiscated camera phones from those people they saw around them and their video didn't make it to the news feeds. The video we saw on network TV news stations was mainly from passengers on a train who were able to conceal their cameras until the train left the station. The video clearly showing the cop drawing his pistol and shooting the victim, as well as the video showing the other cop beating the victim, originated from camera phones operated inside the BART passenger car.

42 posted on 01/31/2009 10:16:07 PM PST by roadcat
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To: LuxMaker

So?????


43 posted on 01/31/2009 10:18:45 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: wac3rd
It was an accident, the funny part is the “protestors” are mainly Left Wingers funded by Soros from San Francisco (white kids/agitiators).

Do you have proof of that? Not all kids in Oakland are black; therefore not all the white kid protesters are from San Francisco. My youngest daughter has lived there for the last several years, and has survived despite being white. This is not a black & white issue.

44 posted on 01/31/2009 10:31:32 PM PST by roadcat
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To: thecodont

The years of Liberalism and illigitimacy of 80-90% have taken their toll on Oakland. The cops guard good areas (Piedmont, Montclair Village, Crocker Highlands) but the black and Latin areas are literally a mixture of burnt-out blight mixed with Tijuana decor. It is horrific.

We are moving soon, the “party” has started moving near us in the hills.


45 posted on 01/31/2009 10:32:24 PM PST by wac3rd (In the end, we all are Conservative, some just need their lives jolted to realize that fact.)
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To: roadcat

No it is mainly Left Wingers who see an opportunity to riot, and yes, I live here and was in downtown Oakland three days this week...

Proof? Just watch the news.

The kid shouldn’t have been shot, period. He may get off with a lesser sentence, but no one tells you he was a gang member and had a huge rap sheet. The Media conveniently leaves that out.

I would be very outraged if it were someone I knew, but the protests just demonstrate how 125 murders go “un-noticed” in the same time period.


46 posted on 01/31/2009 10:37:38 PM PST by wac3rd (In the end, we all are Conservative, some just need their lives jolted to realize that fact.)
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To: wac3rd
It was an accident

I guess you should tell that to the DA that charged him with Murder.

the funny part is the “protestors” are mainly Left Wingers funded by Soros from San Francisco (white kids/agitiators).

I'm not sure what you are getting at. Is it because they are white that you mock it? Or are they mainly white protesting this? Either way it's irrelevant.

These protestors also had nothing to say about the other 125 murders in Oakland the past 12 months.

Show me another case where multiple videos were taken of the crime. The individuals with the perpetrator confiscated all the other videos and cameras they could, and the perp walked away. He wasn't taken into custody. He wasn't even fired. He resigned.
47 posted on 01/31/2009 10:41:58 PM PST by allmost
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To: wac3rd
Piedmont has its own police force (a good one) so they are safe, for now.

The rest of Oakland is more permeable. There are no municipal borders to stop crime's creep up into the hills. Any place with good freeway access beckons to the thugs.

When I was a kid we'd go for family drives in the flatlands, but in the '70s Dad expressed misgivings about riding down East 14th Street, and we eventually stopped going there.

48 posted on 01/31/2009 10:43:08 PM PST by thecodont
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To: LuxMaker

I’m not a big cop supporter, but it’s hard to believe this is anything other than a tragic, tragic accident. What... the cop felt he was being disrespected so he drew his service revolver and shot a guy in the back with 30 witnesses looking on? I just don’t believe it.


49 posted on 01/31/2009 10:48:12 PM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: wac3rd
He may get off with a lesser sentence, but no one tells you he was a gang member and had a huge rap sheet.

BART should stop hiring cops who are gang members with a huge rap sheets.

50 posted on 01/31/2009 11:06:54 PM PST by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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