Are you sure you know what case this is?
This was nothing but an execution.
If it was an execution, why shoot him once in the back, when a headshot or a series of headshots, would do the job much more efficiently? The shot in the back did not do the job it seems, since Grant died six hours later.
Why does the testimony of the other officers on the scene say that Mehserle was visibly distraught over the shooting, saying “Oh my God, oh my God” over and over again?
There is no way they are going to get murder 1st or even 2nd. Manslaughter, yes.