Posted on 06/30/2010 2:29:52 PM PDT by SmithL
LOS ANGELES - Johannes Mehserle will not be convicted of first-degree murder, a judge declared today, but jurors deciding the 28-year-old's fate will be allowed to consider every other crime, including second-degree murder, associated with a homicide.
Los Angeles Superior Court Judge Robert Perry said evidence in the case proves that the former BART police officer did not plan to kill Oscar Grant III when he shot the 22-year-old Hayward man in the back on Oakland's Fruitvale BART station platform.
Perry said, however, that there is enough evidence to allow the jury to consider whether the killing was a second-degree murder, voluntary manslaughter or involuntary manslaughter. The jury also can decide that Mehserle did not commit a crime at all and acquit him.
In making his decision, Perry said that even with a second-degree murder conviction, Mehserle would face a severe penalty of 40 years to life in prison because the Alameda County District Attorney's Office also charged the former officer with a gun enhancement.
That enhancement - purposely firing a gun during the commission of a murder - adds 25 years to the sentence of 15 years to life that accompanies a second-degree murder conviction. A first-degree murder conviction carries a sentence of 50 years to life.
Perry's ruling rejected a defense gamble to have the jury decide only between second-degree murder and acquittal. The gamble, legal experts have said, was made by the defense in hopes of preventing a jury from finding a way to punish Mehserle for the crime in a less severe manner.
Perry said Deputy District Attorney David Stein presented enough evidence over the past month to justify having the jury consider what is known as the lesser included crimes of murder.
In general, the jury would have to find that Mehserle took the following actions to reach the following crimes:
n second-degree murder: Mehserle knew the actions he was taking could cause a death but took those actions regardless;
n voluntary manslaughter: Mehserle acted in the heat of passion or believed his life was in danger but used too much force in defending himself;
n involuntary manslaughter: Mehserle's actions were grossly negligent and caused a death, or the death was caused while and because Mehserle was committing another crime.
Closing arguments in the case will be made Thursday, and it is expected the jury will begin deliberations late Thursday or Friday.
It will be interesting to see the effect of the verdict on the natives.
Is this the cop who shot the handcuffed man? And then the other cops tried to confiscate all cell phone videos?
If not, what’s the story here and why are they bracing for riots?
Adding a ‘using a gun enhancement’ against a police officer who is supposed to carry a gun is beyond ludicrous.
For those of you who believe that ‘mass transit’ is the answer to transportation in any large city- keep in mind that the blacks in this story were causing a ruckus & fighting with passengers on the BART train in the first place.
It was New Year’s Eve & they have passengers trapped in a moving rail car & they regularly terrorize passengers.
The entire area of Oalland, Vallejo & Richmond is a cesspool.
The judge is clearly an idiot. Mehserle is obviously guilty of 1st degree murder. He put away his taser, drew his firearm, aimed and fired.
Case closed.
The local medias are inciting riots for the last few days imho.
This is all political, i.e., intended to keep people from rioting. The officer has been overcharged, as there is no evidence he intended to kill anybody. Once again, governments are pandering to the lynchmob mentality.
On a legal note, for first degree murder, he must have purposefully, knowingly, negligently, or recklessly committed premeditated murder.
I saw an illegal act (actus reus), but I did not see mens rea or unlawful intent in premeditation.
He will get involuntary manslaughter or negligent homicide. Not capital murder, not Murder in the First, Not Murder in the Second, Not Manslaughter.
/legal rant.
Dead on right..........but he may even walk entirely.
The jury probably doesn't know any of this.
There are no clear circumstances before the crime that implicate the officer.
Any actions after the crime, do not appear to show that he meant to do the act, in fact, the actions and testimony of witnesses, confirm that he didn't mean to do the shooting.
He should walk...>LEGALLY, but should resign from any future law enforcement job.
Oh, and there will be a riot unless he is taken out back and lynched immediately after trial, because nothing will satisfy the racists marxists in the Bay Area.
I can tell that either school is out and your parents are not home yet, or you need to tell your doctor to increase your dosage.
With good reason. See post #5
There’s a reason effective weapons aren’t allowed to be owned by citizens in CA...
I was wrong. I assumed an either/or supplication. You are both a child, AND you need to increase your dosage.
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