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BART pig gets a slap on the wrist for Oakland murder

    It's OK for pigs to "accidentally" kill us serfs!

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Former BART Officer Johannes Mehserle gets 2 years in Oscar Grant killing

A peaceful protest in Oakland over the sentence given in the shooting of black man by a white officer turns aggressive, with demonstrators smashing windshields and chanting slogans.

By Jack Leonard, Abby Sewell and Maria L. La Ganga, Los Angeles Times

November 6, 2010

Reporting from Los Angeles and Oakland — A former police officer convicted of involuntary manslaughter in the shooting of an unarmed man on an Oakland train station platform was sentenced Friday to two years in prison, sparking outrage from relatives and supporters of the victim who denounced the punishment as too lenient.

Los Angeles County Superior Court Judge Robert J. Perry said evidence in the racially charged case showed that the shooting was an accident caused when Johannes Mehserle mistakenly reached for a firearm instead of an electric Taser weapon he meant to use.

As Perry spoke, the victim's mother rushed from the courtroom with other relatives and supporters. "Nothing, he got nothing!" she told reporters after she exited.

The sentencing followed a tearful apology from Mehserle, who, handcuffed to a waist chain over his orange jail scrubs, insisted that the shooting was unintentional.

"I want to say how deeply sorry I am," said Mehserle, 28. "Nothing I could ever say or do could heal the wound I created."

Grainy video footage of the New Year's Day 2009 shooting was captured by several witnesses and shows Mehserle, who is white, firing one round into the back of Oscar J. Grant III, who was black. Grant, 22, was lying face-down on the Fruitvale Station platform when he was shot.

The shooting triggered rioting days later and again in July, when a Los Angeles jury rejected murder and voluntary manslaughter charges but found that the officer acted with gross negligence.

A four-hour peaceful demonstration at Oakland City Hall moved into the surrounding streets and took on a more aggressive tone Friday evening with marchers smashing windshields, making obscene gestures at surrounding police and noisily shouting slogans.

Police in riot gear allowed several hundred marchers to move through the streets for about an hour before encircling a smaller number near 6th Avenue and East 17th Street. Demonstrators left a trail of broken windshields as they moved down 17th Street, angering some residents.

Police moved in after one officer was injured when struck by a car and another's gun was grabbed by a protester. By late Friday, police had arrested more than 100 demonstrators.

The criminal case against Mehserle was moved to downtown Los Angeles amid concern about the extensive media coverage of the killing in the Bay Area.

The former Bay Area Rapid Transit police officer faced up to 14 years in prison. But the judge sharply reduced the maximum possible sentence by dismissing a finding by jurors that Mehserle intentionally used a gun. Among the reasons Perry cited was that he failed to provide jurors with clear instructions on the gun allegation and that the evidence was insufficient to show that the officer used his firearm deliberately.

The judge had the option of releasing Mehserle on probation but sentenced him to the minimum possible prison term.

Perry signaled that he might dismiss the gun allegation early on in the emotional hearing, prompting the victim's uncle to confront the judge when given a chance to talk about the impact of Grant's death.

"We want justice," Cephus Johnson told Perry in a shaking voice. "We should not lose this case because of you."

Grant's mother, Wanda Johnson, told the judge that Mehserle's explanation for the shooting was a "fabrication." She said anything less than the maximum punishment would show that police officers are above the law.

"He must be held accountable," she said through sobs.

But Perry cited a long list of factors that he said showed the killing was unintentional. Among them was testimony from two people, including a friend of Grant, who said they heard the officer say he intended to use his Taser shortly before the shooting. Video footage, the judge said, also showed Mehserle putting his hands to his head in "shock and dismay."

Perry said Grant did nothing to justify being shot, but he said the evidence showed that Mehserle was not influenced by race and that Grant was resisting arrest before his death.

"The evidence that this was an accidental shooting and Mehserle did not intend to shoot Grant is simply overwhelming," the judge said.

Perry said several times that he was saddened by how polarizing the case had become. The court, he said, received more than 1,000 letters and postcards before the sentencing urging him to rule one way or another.

The judge finally issued an unusual apology, telling the courtroom that no one would be happy with his rulings.

"I well understand that my decision today will not be well-received by many people," the judge said. "I'm sorry for that. But all I can say is I did my best."

Outside the courthouse, dozens of protesters chanted "Mehserle is guilty, guilty. The whole damn system is guilty, guilty."

Grant's uncle said he was unconvinced by Mehserle's show of remorse. A lawyer representing the victim's family said he and his clients were shocked by the sentence.

Attorney John L. Burris compared the punishment to that of NFL star Michael Vick, who was ordered in 2007 to spend 23 months in federal prison for his part in running an illegal dog-fighting ring.

"What we take from it is that Oscar Grant's life was essentially not worth very much," Burris said.

Mehserle's attorney, Michael L. Rains, said he was disappointed his client would serve any prison time but was gratified that the judge agreed the shooting was a tragic mistake.

Rains blasted the Alameda County district attorney's office for seeking a murder conviction in the shooting, accusing prosecutors of building a case on "falsehoods" and heightening tensions in the Bay Area.

"Frankly, the biggest culprit in setting the community outrage on fire in Oakland has been the district attorney," he said.

He said Mehserle was appealing the conviction.

A district attorney's office statement said prosecutors are evaluating whether to appeal Perry's rulings. An office spokeswoman declined to respond to Rains' comments, but the statement said prosecutors "will foster the dialogue that strives for peace and nonviolence."

In Oakland, Grant's grandfather, Oscar Grant Sr., criticized the sentence but called for calm.

"My message to the public is this: Don't use this as a reason to destroy the city," he said.

As news of the sentence spread, a small shrine with flowers, candles and an outsized drawing of a smiling Grant was erected in front of City Hall. Passersby left messages.

"The fight is not over," read one. Another said: "All my love and hope for change."

A peaceful crowd of about 250 protesters gathered in the afternoon. Some were in tears. Others said they were angry. Many said they were unsurprised by what they saw as a painfully light sentence.

"There's no justice for us in this society," said Kanika Ajanaku, 65, who is black.

jack.leonard@latimes.com

abby.sewell@latimes.com

maria.laganga@latimes.com

Staff writer Lee Romney in Oakland contributed to this report.


Imagine the sentence a Black man would receive if he put a gun to the head of a police officer and murdered him point blank. He would probably get the death penalty of be sentenced to 200 or 300 years in prison with no chance for parole.

Of course when a White BART police officer does the same thing to an unarmed Black man on a BART platform in Oakland he gets 2 years in jail. And the murdering pig will be out in 6 months with time off for good behavior.

Lets face it government is corrupt. It is OK for the government tyrants to murder us and at the most they will receive a slap on the wrist, if anything.

I am amazed that the people have not risen up and over thrown these corrupt government thugs.

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White ex-transit officer given 2-year prison term

Posted 11/5/2010 9:11 PM ET

By Greg Risling, Associated Press

LOS ANGELES — A white former transit officer was sentenced to the minimum possible prison sentence of two years Friday for fatally shooting an unarmed black man on a California train platform, angering the victim's family and friends, who demanded a much harsher punishment.

The case against defendant Johannes Mehserle has provoked racial unrest at every turn, and police in Oakland, the scene of the killing, were on alert for more problems following a sentence that many thought was too light.

Wanda Johnson, the mother of Oscar Grant, shouted, "Oh my!" when Superior Court Judge Robert Perry issued the two-year sentence. She burst out of the courtroom saying, "He got nothing! He got nothing!"

Grant's uncle, Bobby Cephus Johnson, said outside court: "I do believe it's a racist criminal justice system."

Still, he said the family was reacting calmly but added he could not comment for others.

"I have no power over what people feel their matter of expression should be," he said.

Some of the dozens of people who gathered outside Oakland City Hall for a tribute to victim Oscar Grant broke into tears when they learned of the judge's decision. Outside the Los Angeles courthouse, a small crowd that had earlier shouted "No justice, no peace" reacted relatively calmly to the sentence.

Mehserle, 28, had faced a possible 14-year maximum term after being convicted of involuntary manslaughter. At the time of the shooting, Mehserle was a Bay Area Rapid Transit officer responding to a report of a fight.

In making his decision during the highly charged, 3 1/2-hour hearing, Perry threw out a gun enhancement that could have added as much as 10 years in prison and said there was overwhelming evidence that it was an accidental shooting.

Perry said race would not factor into his decision and although Mehserle had shown "tons of remorse" for killing Grant, he would have to account that a "young man needlessly died."

"I did the best I could with this case," Perry told the courtroom. "My decisions today will not be well-received by many people. I'm sorry for that."

Police said they were prepared in case there was a replay of the rioting in Oakland that followed the shooting on New Year's Day 2009.

Mayor Ron Dellums said he understood the pain and disappointment sparked by the sentence.

"It is still my hope that people will express their anger, will express their disappointment, their outrage, their pain in a manner that is nonviolent, in a manner that is not destructive to our community," he said at a news conference.

Johnson family attorney John Burris acknowledged a small step was taken by the justice system in sentencing Mehserle to two years, but he said that was insufficient. Both Burris and Bobby Johnson noted that NFL star Michael Vick got a harsher sentence for running a dog-fighting ring.

"What you take from that is that Oscar Grant's life was not worth very much," Burris said.

He also targeted Perry's comments before sentencing that he was saddened by the polarization of the community over the shooting.

"This case does nothing at all to heal, if that was ever any intent," Burris said.

Reaction to the case has drawn comparisons to the infamous 1991 Rodney King beating by Los Angeles police officers, which inflamed a racial divide and led to the disastrous 1992 riot when the officers were acquitted of brutality charges.

Mehserle was convicted in July in the videotaped killing of Grant, 22, in Oakland. The case was moved to Los Angeles for trial.

Perry had wide discretion when sentencing Mehserle. Prosecutors sought prison time while defense lawyers argued for probation. The judge gave Mehserle the minimum possible prison sentence.

Defense attorney Michael Rains immediately filed an appeal with the court after the sentencing. After time already served and good behavior credits, Mehserle will likely serve an additional six to seven months based on California's sentencing guidelines, the lawyer said.

Mehserle testified during the trial that he thought Grant had a weapon and decided to shock him with his stun gun but instead pulled his .40-caliber handgun. Grant was unarmed and face down when he was shot.

Sentencing came after four relatives of Grant and his fiancee pleaded with Perry to send Mehserle to prison for 14 years.

Wanda Johnson cried and struggled to give a victim impact statement. She said she regrets telling her son to take a BART train to San Francisco before the shooting.

"I live every day of my life in pain," she said. "My son is not here because of a careless action."

The family continues to maintain that it was murder when Mehserle shot Grant.

Mehserle, shackled and wearing a jail jumpsuit, also stood before the judge before sentencing and apologized for the shooting, which he contended was accidental and not racially motivated.

"I want to say how deeply sorry I am," Mehserle said. "Nothing I ever say or do will heal the wound. I will always be sorry for taking Mr. Grant from them."

He cried during portions of his 10-minute statement and said he and his family have received numerous death threats and he's been "green-lighted" -- a term in which other jail inmates have the go-ahead to kill someone.

Earlier, the judge said he had received more than 1,000 letters urging a harsh sentence.

Prosecutors had sought a second-degree murder conviction, saying Mehserle became angry at Grant for resisting arrest.

However, jurors were given the choice of lesser charges, including voluntary and involuntary manslaughter. In reaching a decision on involuntary manslaughter, jurors found that Mehserle didn't mean to kill Grant, but his behavior was still so negligent that it was criminal.

Involuntary manslaughter has a sentencing range of two to four years, while the gun allegation carries a term of three, four or 10 years.

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.

Early in the day, before the sentencing, there was a scuffle outside the Los Angeles courthouse that led to at least one arrest and an undercover officer being briefly handcuffed.

Police Lt. John Romero said the undercover police officer was coming out of the building when a member of the crowd recognized him and the two had a verbal exchange. When it escalated to pushing and shoving among the crowd, sheriff's deputies who guard the building moved in.

___

Associated Press writer John Rogers contributed to this report from Los Angeles. Trevor Hunnicut reported for the AP from Oakland.

   

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