[astyanax]

"That's exactly what I say. "
"The fact that he was too stupid to know the difference between a taser and a gun is secondary to the discussion."
So you're no longer claiming he put away his taser so he could intentionally shoot him?

[Filo]

So you're no longer claiming he put away his taser so he could intentionally shoot him?

Not exactly.

I'm saying that part is secondary to the discussion.

I certainly think it's possible that he did that. We all know he did, in fact, put away his taser only to re-draw what he claims he thought was his taser a short time later.

Whether or not that was a mistake makes the difference between first degree and second degree murder and I'd be satisfied with second degree.

In the end that distinction on that question comes down to the old "never attribute to malice that which can easily be explained by stupidity."

Mehserle is at least a moron and possibly a murderous a-hole. Perhaps both.

Regardless of whether or not he drew the wrong weapon, however, he never should have drawn and fired one in the first place which more than secures the Second Degree murder charge (unless you're a brain-dead and brow-beaten jury from LA, the same folks who acquitted OJ.)