You wrote:
“What you are saying is that there is no evidence for Murder in the First Degree.”
Nope. What I am saying is there was no intent to murder - as shown by the evidence. Thus, murder 1, murder 2, just don’t work.
“While I understand why you believe that I disagree because Mehserle had his taser out, put it away and then later drew his sidearm and fired. That makes the “I grabbed the wrong weapon” part of his claim quite a bit less credible.”
No, it does not. Correctly completely a task and later doing it incorrectly does not make the incorrect time les accidental. Look at how many people say, “I thought I stepped on the brake” when they actually stepped on the gas. They may have driven a car ten thousand times, but they can still goof up.
“Regardless, since there is no evidence for any need for any weapon; the fact that Mehserle and Mehserle alone drew one is clearly in line with the definition of Murder 2:”
Nope. He drew the weapon because he was in the position to do so. The other officer was not.
“Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable “heat of passion” or 2) a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life.”
And neither 1 or 2 applies here.
I called this when it happened. I took one look at the video tape and I knew it. I was right all along.