Unexpected help for Mehserle - Grant's friends {BART Cop}

San Francisco Chronicle ^ | 2/1/10 | Phillip Matier, Andrew Ross

[SmithL]

Behind the scenes, there's bad news for prosecutors in the upcoming murder trial of ex-BART police Officer Johannes Mehserle.

The trouble comes in the form of eyewitness statements to police who investigated the fatal shooting of Oscar Grant and depositions in the lawsuit that led to a $1.5 million settlement from BART for the slain man's daughter.

Mehserle has been charged with murder for shooting Grant as the Hayward man lay face down on the Fruitvale Station platform in Oakland while being detained by officers early Jan. 1, 2009. Mehserle's lawyers say he shot Grant by accident while thinking he was firing a Taser.

Mehserle may get unexpected backup from some of Grant's companions who were detained with him at Fruitvale after a fight on a train.

One of the friends - Jack Bryson, who was on his knees just two feet from Grant - told police in a taped statement that night that he heard Mehserle warn Grant that he was going to Tase him, just before he shot him, sources tell us.

Another friend said in a deposition in the Grant family's lawsuit that Mehserle hadn't cursed, used racial slurs against the African American suspects or displayed anger before shooting Grant. That could prove to be fodder for a defense argument that Mehserle had no intention of killing Grant.

Alameda County Deputy District Attorney David Stein declined to comment, citing a gag order that a judge imposed on parties in the case.

By the way, the $1.5 million settlement for Grant's 5-year-old daughter, Tatiana, is expected to be placed in an interest-bearing account that could grow to $4.5 million to be paid out over the next 30 years, said John Burris, the attorney for the Grant family.

"We can't bring back her father," Burris said, "but we can still provide for his daughter."

[babygene]

When you shoot somebody by mistake, it’s still murder if you are not a cop...

[Lurker]

That could prove to be fodder for a defense argument that Mehserle had no intention of killing Grant.

Then it's Manslaughter instead of Murder 1.

[babygene]

BTW, even accidental shootings are usually murder if you are not a cop.

[xrmusn]

Well since the daughter is already ‘taken care’ of to the tune of 1.5 + million, the ‘victims’ buddies would probably rather have the shooter on the street where they can ‘take care of business’.....

Without my cynicism taking completely over, I just wonder how much the ‘victim’ would have provided his daughter over the years???? More than likely, this award is probably the best thing he ever has or would have done for her....just a thought...Now other people in her life will be figuring how to put all that money to GOOD use... /s/

[babygene]

“Without my cynicism taking completely over, I just wonder how much the ‘victim’ would have provided his daughter over the years????”

What has that got to do with it?