I was a young man in 1992, a freshman in college, when the verdict came in on the Rodney King case. I was not completely surprised, and watching the news coverage of the criminal trial led my gut to tell me there was a chance the police officers might get off, despite what the world saw on video.
The riot that followed was all too predictable, as well. I remember being glued to my TV for days with my college buddies watching LA burn. Somewhere in between, a small group of us marched down to the local police station and burned candles. The police were nice, they sat outside their station and talked to us for an hour. We were not a threat to them.
It only takes a few bad apples to spoil the reputation of the majority. Unfortunately, the history of law enforcement interactions with minorities in this country is not good. It was law enforcement that helped the mobs in the South enforce Southern justice. There have been various scandals in metropolitan areas involving corruption and mistreatment of minorities.
At the end of the day, the relationship between the police and many minority communities is strained, at best.
It is under this backdrop that we must understand the shooting of Oscar Grant.
Johannes Mehserle, a BART police officer, had been called to the BART station after midnight on New Year’s Day, after reports of a fight on a BART train. When Mehserle, according to his report, tried to arrest Mr. Grant, Mr. Grant was not cooperating.
However, by the time Mr. Grant was shot, he was on his stomach and shot in the back. Once again, the incident was caught on video for everyone to see.
The jury had a decision to make – did Officer Mehserle knowingly shoot Mr. Grant, or did he mistake his weapon for a Taser?
I cannot put myself into the shoes of an officer under that level of pressure, but the jury gave the police officer, operating under the color of authority, the benefit of the doubt, just as they did 18 years ago in the Rodney King case.
People in Yolo County have received four times the length of that homicide sentence for crimes such as stealing cheese from Nugget and bouncing checks.
“Mehserle’s muscle memory took over in this moment of great danger and stress,” the judge said. “No reasonable trier of fact could have concluded that Mehserle intentionally fired his gun.”
The DA on the case did note that the Judge’s ruling throwing out the gun charge is appealable, and they are exploring legal options.
For his part, Officer Mehserle apologized directly to Grant’s family for the first time. But at the same time he said it was Grant’s actions, not the fact that he was black, that led him to reach for his Taser.
He also apologized to other officers for making their jobs harder.
“I did not become an officer to take a life, but because it gave me the opportunity to protect and save lives,” Officer Mehserle said. “I pray the public can understand that police officers are also human.”
He added, “I am deeply sorry. … Nothing I can ever do will heal the wound I have created.”
However, this sentencing is not the end of this situation.
The US Justice Department will investigate the shooting to determine whether there needs to be additional federal prosecution.
In addition, the family, represented by Attorney John Burris, is likely to file a wrongful death suit and with the standard being preponderance of the evidence, it is likely that Mr. Mehserle will be hit for a large judgment.
BART in January settled with Mr. Grant’s daughter to pay $1.5 million in a civil settlement. But Grant’s mother, along with several of his friends who were with him when he was shot, still have pending lawsuits that may go to trial.
My Thoughts Are This:
The community in Oakland, as well as the family, are understandably outraged. Over 150 people in Oakland were arrested last night.
Judge Perry said that he saw no racial element to the case. Judge Perry said, “I well understand that my decision today will not be well received by many people, and I am sorry for that. But all I can say is I did my best.”
I think the Judge is being naive. If the Judge is arguing that Mr. Mehserle did not issue forth racist statements and have a history of making racially insensitive comments, then he would be accurate.
The question, however, that many will have and is unanswered is (A) whether a white person who behaved identically to Mr. Grant would have been similarly shot and killed, and (B) whether an officer shooting a white person under identical circumstances would have been found guilty of the same charge and received the same sentence.
Anyone who summarily denies that either alternate scenario could possibly have a different outcome is ignoring history. In fact, it is ignoring the present, as there is a mountain of data suggesting differential treatment to blacks and other minorities by law enforcement and, equally, a huge disparity in sentencing and convictions, depending on the race of the victim.
That is what we are facing here. I am going to lecture to white people for a second. Part of the reason the black community stands up and is less than forthcoming with granting [to the officer] the benefit of the doubt when these things occur is that there is a history of differential treatment in our society. And when you see the same things played out over and over again, you are not going to be forthcoming with the benefit.
It could have been the most honest mistake in the world by the police officer, but there are lingering doubts in my mind on that. First, was it necessary, when the subject was on his stomach and surrounded by four officers, to attempt to Taser him? Would a white person have been Tasered in that circumstance?
I can’t say with certainty that either would be true.
Moreover, during the trial, the prosecutor argued that the officer’s holster was specially designed to prevent easy release of his firearm. And the prosecutor contrasted the light, bright yellow Taser gun with the heavier black Sig Sauer handgun that Mr. Mehserle fired.
In tearful testimony, Mr. Mehserle said he intended to use his Taser because he believed Grant might be reaching for a gun in his pants pocket. But think about that for a minute, he was on his stomach prone, they had four officers there, they could have done a weapons search. It strikes me as hollow that he would be reaching for a weapon which he did not have.
I understand that a law enforcement officer generally gets a benefit of the doubt in these types of cases, but I am not sure they should. It is more dangerous to society for law enforcement to run afoul of the law, because unlike a common criminal, they are operating under the color of authority.
Oscar Grant Sr., 65, said, “It’s a bad decision. No time can bring [Oscar] back. But [Mehserle] should have served some time. Otherwise, they’re telling the public, though he went to trial, a policeman can shoot someone and go free. These guys have a license to kill.”
And that is exactly the problem that we face. The black community believes that police officers have the license to shoot young black men.
Accurate? Perhaps not. But that’s what they think because they have never seen any evidence to the contrary. It is very rare, in fact, for a police officer even to be criminally prosecuted, let alone convicted and sentenced, for acts that are committed while on duty and under the color of authority.
At the heart of this is the relationship between the black community and police. That is always strained, and this will be another reminder for another generation of young black people not to trust the police or the system.
This is a tragedy, but in every tragedy is an opportunity as well. The real task that Mr. Mehserle has, once he is released, is to show the world that he really is sorry about what happened and do something right with his life. If he can do that, he has a chance for redemption. Otherwise he is just another cop who killed a black man and got off way too easily.
—David M. Greenwald reporting
I recall seeing the video hours after the incident – based on the officer reactions immediately after the shot, it looked like an obvious accident. The fact is other police officers (around the country) have mistaken guns for tasers and people have been shot – this is not a Black/White issue it is a Taser issue. Too many tasers are being distributed to under trained officers and they are being used too often – given the level of use, mistakes will continue to happen. There was no good reason to use any weapon during the shooting incident. The officer had been issued a new toy (the taser) and he was looking for opportunities to use it.
The positive outcome is that police officers is facing jail for gross misconduct. I wish the Oakland “black community” would expand their focus a bit. On average 2 black people are shot and killed by other black people each week in Oakland – where is the outrage about that?
There is outrage fohat as well, but there is a difference, those shootings are not taking place under the color of authority.
dmg: “The riot that followed was all too predictable, as well. I remember being glued to my TV for days with my college buddies watching LA burn.”
A lot of other cities besides LA burned…
dmg: “When Mehserle, according to his report, tried to arrest Mr. Grant, Mr. Grant was not cooperating.”
This is key – what started the entire incident. Notwithstanding whether Mehserle mistook his taser for a gun or not, the public needs to understand the police have the guns, and if you don’t cooperate w the police you can get shot.
dmg: “In addition, the family, represented by Attorney John Burris, is likely to file a wrongful death suit and with the standard being preponderance of the evidence, it is likely that Mr. Mehserle will be hit for a large judgment.”
The suit, if successful, will be largely symbolic, bc Mr. Mehserle realistically will not be able to pay…
dmg: “I think the Judge is being naive. If the Judge is arguing that Mr. Mehserle did not issue forth racist statements and have a history of making racially insensitive comments, then he would be accurate.
The question, however, that many will have and is unanswered is (A) whether a white person who behaved identically to Mr. Grant would have been similarly shot and killed, and (B) whether an officer shooting a white person under identical circumstances would have been found guilty of the same charge and received the same sentence.”
This is sheer speculation and not supported by any evidence…you cannot convict people on a “maybe” this is what happened… A judge must base a sentence on evidence, not speculation. And you really would not want him to do otherwise, would you?
dmg: “In tearful testimony, Mr. Mehserle said he intended to use his Taser because he believed Grant might be reaching for a gun in his pants pocket. But think about that for a minute, he was on his stomach prone, they had four officers there, they could have done a weapons search. It strikes me as hollow that he would be reaching for a weapon which he did not have.”
This does not tell the whole story. As I understand it, there was a hostile audience surrounding the officers, and the officers felt threatened. I think it is plausible that an officer under such dire and dangerous circumstances might make a stupid mistake. Should he have? No. Clearly police officers are trained in this sort of thing, and are not supposed to make such glaring mistakes. But it does happen. And the victim was stupid enough to start something he was not likely going to finish in a positive way – the victim invited the confrontation. I find the mistaken weapon theory far more plausible than that a police officer would shoot an unarmed man lying prone on his stomach and under control in the back in front of hundreds of witnesses.
dmg: “Accurate? Perhaps not. But that’s what they think because they have never seen any evidence to the contrary.”
But that’s what they think bc they BELIEVE they have never seen any evidence to the contrary…
If it is not accurate, what did you want the judge to do? Sentence the defendant based on speculation of racism just to appease an enraged minority in Oakland who BELEIVE it was racism notwithstanding the lack of evidence?
dmg: “This is a tragedy, but in every tragedy is an opportunity as well. The real task that Mr. Mehserle has, once he is released, is to show the world that he really is sorry about what happened and do something right with his life. If he can do that, he has a chance for redemption. Otherwise he is just another cop who killed a black man and got off way too easily.”
Mr. Mehserle will have served his time/penance. What he does after that is his business. I suspect he will carry around this shooting to his death with deep regret…
From article at comcast.net: “The judge rebuked prosecutors for arguing that Mehserle intentionally shot Grant, saying there wasn’t any evidence to back up that allegation. Perry also said he believed the videos showed Grant resisted arrest and many people, including Mehserle’s fellow officers and Grant’s friends, contributed to the tragedy.
“All of these people share some responsibility,” Perry said.”
Elaine:
“A lot of other cities besides LA burned… “
Is there a point here or are you just trying to be contrarian, I was telling a specific story here?
“This is key – what started the entire incident. Notwithstanding whether Mehserle mistook his taser for a gun or not, the public needs to understand the police have the guns, and if you don’t cooperate w the police you can get shot. “
That’s part of the point. But, it was Meserle’s report. Even so, police are not authorized to use a gun just because one is resisting and the other question is whether he needed to use the taser at the moment that he did. That seems very dubious, which I think is part of why he was convicted of a crime.
“The suit, if successful, will be largely symbolic, bc Mr. Mehserle realistically will not be able to pay… “
The guy is 28 years old, he’s going to be released before he’s 30, you’re telling me he is never going to work again?
“This is sheer speculation and not supported by any evidence…you cannot convict people on a “maybe” this is what happened… A judge must base a sentence on evidence, not speculation. And you really would not want him to do otherwise, would you? “
Yes, it is speculation and my speculation as it was my commentary on the case. The Judge proferred that there was no evidence race played a role here, I disagree, I think the entire case unfolded as it did due to race. But race is not a crime anyway so you don’t have to prove it either way.
“This does not tell the whole story. As I understand it, there was a hostile audience surrounding the officers, and the officers felt threatened.”
It’s on video, you don’t have to understand it, just watch it. And tell me if he needed to reach for his taser at the point at which he shot him.
Sooo David, based only on what you know from the record, for what crime(s) would you have voted for conviction? Given that your vote prevailed, now imagine yourself as the judge… what is the rough magnitude of the sentence you would mete out?
dmg: “It’s on video, you don’t have to understand it, just watch it. And tell me if he needed to reach for his taser at the point at which he shot him.”
I honestly could come to no conclusions whatsoever from the video. Perhaps if I saw it in slow motion, or heard the testimony of officers and witnesses as to what was going on, I could draw some conclusions.
dmg: “Yes, it is speculation and my speculation as it was my commentary on the case. The Judge proferred that there was no evidence race played a role here, I disagree, I think the entire case unfolded as it did due to race. But race is not a crime anyway so you don’t have to prove it either way.”
Your position here is very unclear to me. You say “race is not a crime” – but it can be in certain circumstances, e.g hate crimes, actions under color of state law, etc. You say you THINK the entire case unfolded as it did due to race, but you don’t have a shred of evidence to back that up. So I guess my final question to you is do you believe the judge gave the proper sentence, based on the evidence presented? The reason I ask is bc it seems as if you are arguing the sentence should have been much longer bc it was a purposeful crime based on racism – but admit there is no proof as such. So I am trying to understand your position here…
erm: “A lot of other cities besides LA burned… ”
dmg: “Is there a point here or are you just trying to be contrarian, I was telling a specific story here?”
I probably should have been more explicit in making my point. A lot of people were killed and property damage was done all over the nation – which was not justified, particularly bc the victims were total innocents having no connection to the Rodney King trial or what happened. This same point was made in an article on the comcast.net site about the recent case:
“”They have a right to be angry to an extent, but don’t break other people’s stuff,” said Mohammed Mofeed, who manages a liquor store about a block from where a large of group of people were arrested.
He said that he didn’t agree with the sentence, but didn’t want to see his store or other businesses damaged.
“If you’re going to protest, protest right,” he said. “Don’t vandalize other people’s property”…”
hpierce: I would have voted as juror for Second Degree Murder most likely. Although I would like to see the time sequence. The key for me is at which point he reached for the taser and if he needed to subdue him at that point.
Given the verdict by the jury, I would have done the max four year sentence, no gun enhancement.
Elaine: Race playing a factor in a killing is not the same as a hate crime. The Officer did not kill the individual because he hates blacks, he killed him perhaps because he made assumptions about behavior and motivates based on race. That is ill-advised but not a hate crime.
At the risk of asking a silly question here — how can someone who has been on the police force for any length of time really not know whether he’s holding his gun or his taser? Are they both the same size, same weight? Wouldn’t one be in the holster and the other one perhaps on the other side? If he’s really that clueless, maybe he shouldn’t be licensed to carry either one. What he got was the equivalent of a slap on the hand, followed by “naughty boy.”
I won’t really argue with your opinion because you’re entitled to it. I will argue with the following text from the opinion piece.
[quote]Oscar Grant Sr., 65, said, “It’s a bad decision. No time can bring [Oscar] back. But [Mehserle] should have served some time. Otherwise, they’re telling the public, though he went to trial, a policeman can shoot someone and go free. These guys have a license to kill.”
And that is exactly the problem that we face. The black community believes that police officers have the license to shoot young black men.
Accurate? Perhaps not. But that’s what they think because they have never seen any evidence to the contrary.[/quote]
Clearly by this case it shows the police do not have a license to kill. I agree that Officer Mehserle should do time and the time appears to be appropriate. This was a horrible accident that caused a death. There was clearly no intent. Even police smasher Alphonso agreed.
The black community believes the police have a license to kill and there is nothing to do to change that. police department across the country have opened citizen academy’s, created community outreach groups, and and offer individuals the opportunity to rode with officers to obtain a better understanding of the job. How many of the protesters/rioters do you think have taken the opportunities provided by the police to become better educated about the officers they are protesting against? The opportunity to become educated on the subject has been offered and disregarded.
In the beginning of the article you admit you cant comprehend you can’t comprehend what officers are facing in stressful situations like this. Then how are you able to question if Grant needed to be subdued at the point he was accidentally shot. If he wasn’t handcuffed and was continuing to be non-compliant he needed to be subdued.
On to my next question. I understand this site is not a news source and solely an opinion blog. Isn’t there some standard about citing other sources for bloggers. I understand using direct quotes, but what about entire paragraphs? I did some reading about this before coming here and some of the text from your opinion piece sounded very familiar.
[quote]The jury decided Friday, however, that Mehserle may have mistaken his gun for a Taser, and therefore did not intend to fire a gun. Because the jury believed this to be the case, Judge Perry chose not to enact the gun enhancement law. – truth-out.org[/quote]
[quote]LA Superior Court Judge Robert Perry sentenced Officer Mehserle to two years in state prison for a sentence that normally carries a four-year sentence. In addition, Officer Mehserle gets 292 days of credit for time served. – csmonitor.org[/quote]
[quote]The gun enhancement law automatically increases a sentence if a firearm is used in commission of a crime. The jury decided Friday, however, that Mehserle may have mistaken his gun for a Taser, and therefore did not intend to fire a gun. Because the jury believed this to be the case, Judge Perry chose not to enact the gun enhancement law. –truth-out.org[/quote]
These three examples were posted yesterday. I didn’t check the entire piece or opinion pieces but thought it was interesting.
David… thanks for your response… I didn’t follow the trial closely enough to have my own opinion… that length of term would be potentially interesting, in that he was (?) a “BART cop” (I wonder if Oakland PD would have handled it differently… I’m thinking, yes), and killed a ‘black man’… he may not be able to be held in the “general population” in prison.
The police officer who was recently convicted of molesting children may not live out his sentence in prison if he is in the GP… like or not, prisons in California are not just ‘punishment’ or ‘times for reflection’ – they are “jungles”. And he’ll have ‘two strikes’ as far as the inmates are concerned.
Sorry, should read “I didn’t check the entire piece or past opinion pieces but thought it was interesting.”
David… you postulated whether things would have been different if the suspect was ‘white’ (in quotes because those from India, Pakistan, etc. are ‘white’/caucasian by most criteria)…. you didn’t postulate on the other two:
“black” cop – “white” suspect
“black” cop – “black” suspect
The latter one would be a good litmus test as to “normal” black-black homicide vs ‘color of authority’ homicide… I pray that we don’t have the situation arise where we can “test” that hypothesis…
Mr. Obvious,
“The black community believes the police have a license to kill and there is nothing to do to change that.”
Sure, that’s one pessimistic way of looking at it…
“police department across the country have opened citizen academy’s, created community outreach groups, and and offer individuals the opportunity to rode with officers to obtain a better understanding of the job.”
What amount of time is sufficient re: police community outreach/ride-alongs and the black community developing more trust in law enforcement? I gleaned from your post that enough time has lapsed and that if the aforementioned efforts by police haven’t changed their minds…then nothing will?
You honestly think that little bit of transparency should have reversed the decades of racially motivated police abuse generations of African Americans have endured and, for that matter, still do? Might take a little longer, maybe.
“How many of the protesters/rioters do you think have taken the opportunities provided by the police to become better educated about the officers they are protesting against?”
So it’s the black community’s fault? Do you think the black community doesn’t want to improve relations between themselves and those sworn to protect them? Why do you think the black community has been apprehensive or experiencing some trepidation when it comes to getting in a car with a police officer?
“The opportunity to become educated on the subject has been offered and disregarded.”
Offered, everywhere? Disregarded, outright? What is the basis for this assertion?
Mr. Obvious,
“Then how are you able to question if Grant needed to be subdued at the point he was accidentally shot.”
I thought the question was not whether or not Grant should have been restrained, but the means used by the officer to achieve this…by tasering him.
Mr. Obvious,
I believe the quote you rebut, by Mr. Grant Sr., is saying that IF Mehserle serves no time, then you’re (criminal justice system, I assume) telling the public that “These guys have a license to kill.” I didn’t take that to mean cops have a license to kill black people and this case exemplifies that.
Isn’t Mehserle going to spend time in prison and thus the CJS is not telling the public that cops can kill blacks indiscriminately?
JT,
I don’t know how long “any length of time” is, but I believe this guy was a law enforcement officer for two or three years, FWIW.
In the heat of the moment, factoring adrenaline and all the distractions, it’s possible according to experts. What’s interesting is the policy of having the taser located on the opposite sides, so as to avoid any confusion when drawing one or the other. For example, if he was right handed and wanted his taser setup for a right-hand draw, it would be positioned on his left side and his gun on his right.
dmg: “hpierce: I would have voted as juror for Second Degree Murder most likely. Although I would like to see the time sequence. The key for me is at which point he reached for the taser and if he needed to subdue him at that point. Given the verdict by the jury, I would have done the max four year sentence, no gun enhancement.”
The fact that you have doubts as to time sequence and whether the defendant needed to reach for his taser is probably why the sentence of only two years was imposed – bc of that doubt. Unfortunately the cell phone video coverage was just not good enough to make the prosecution’s case clear cut beyond a reasonable doubt. Very tragic situation, but I think the judge’s assessemnt that all parties had fault (victim and his friends, subway security officers, defendant) was accurate. The lesson that should be taken away here is the cops are the ones with the guns, so don’t be combative if arrested…
And I also think the defendant’s remorse is going to be a far worse sentence that what he is going to receive in prison. But I suppose that will depend on what type of person he is…
Elaine: But I didn’t get to sit in on the trial as it was in LA.
Like I said, it’s really going to be up to Mehserle to determine what kind of person he is. He can either play the victim card, or he can make a difference. If he makes a difference, then perhaps he can redeem himself. We’ll see.
dmg: “Like I said, it’s really going to be up to Mehserle to determine what kind of person he is. He can either play the victim card, or he can make a difference. If he makes a difference, then perhaps he can redeem himself. We’ll see.”
I was thinking of a case I read about, in which a police officer actually shot an unarmed 6 year old. The officer voluntarily resigned from the police force, and had serious emotional problems since. That would be a difficult thing to live with, even tho to some extent the victim’s mother had some fault (tied the door closed to the little boy’s room w him still in the room and then went to work, making it appear as if some crime were being committed). My guess is this security officer is going to have some difficulty living with having killed an unarmed civilian by accident, even tho some blame could be attributed to the victim (should not have been combative).
But I would also think it might alert security firms, e.g. BART, that they need to do some more training of their security forces in the use of tasers and guns under pressure from crowds. I know they ended up eliminating choke-holds in the LA Police Dept bc of too many deaths from it. As you say, only time will tell if anything positive comes from the death of this particular victim.
ERM,
“But I would also think it might alert security firms, e.g. BART, that they need to do some more training of their security forces in the use of tasers and guns under pressure from crowds.”
Bart has a full-fledged police department. As such, all their sworn officers, they aren’t security guards, go through the standard training, which includes sidearm and a taser training. I believe the articles I read stated that the officer in this case had gone through the necessary training (# of hours) required to carry that particular taser on duty.
However, following this incident, Bart PD has reevaluated its training, I believe.
SM: “However, following this incident, Bart PD has reevaluated its training, I believe.”
Talked to a relative of mine recently via email. He is heavily involved in law enforcement. His comment was that a taser and gun feel very, very similar. He thought the two are too confusing to have at the same time, and was not surprised that a mistake was made. I thought that was an interesting piece of anecdotal information. Obviously either the training needs to change, or tasers should be eliminated… I certainly do not feel in any way qualified to make that call or even to suggest anything. I can see the advantages to having a non-lethal weapon to subdue unruly citizens who are being placed under arrest. But if there is any chance an officer would confuse the two – perhaps the taser manufacturing company could make them dissimilar enough so there couldn’t be a mistake made?
David: I am generally a fan an certainly a social liberal. However, I am at least 20 years older than you and lived just outside of Detroit during the 68 race riots. I certainly understand the black man’s distrust of the system having been a criminal defense attorney for over 10 years.
However, I take issue with the major culpability you lay at this officer’s feet. Have you ever had a job like this? Ever had your fear and adrenaline so pumping that you reached for the wrong (say baby formula?? or whatever, and merely due to a screaming baby), or changed lanes when you should not have because someone was tailgating you, only to find out that you just missed an accident by cutting someone off? People make mistakes when under pressure and the more the pressure, the more the mistake.
Moreover, if this cop had a history of racism it would have come out at his trial and it apparently did not suggesting that race was not his motive; fear was.
Can you really put yourself in the shoes of a very young police officer in Oakland terrified and trying to subdue a non compliant subject?
I also know methamphetimine dealers and pcp addicts (that is a horse tranquilizer that makes people the incredible hulk) who are white/ not black, who have been mistakenly tasered by good faith cops in fear and panic.
The black people in Oakland had a right to be indignant. There is too much system racism. I just take issue with placing the blame on this young police officer whose shoes we have never walked in; and it would take a very, very brave person to do so. That is the just reason for immunity; not the one Yolo County DA benefits from, in my humble opinion.