Looks like they finally got serious. And they're apparently charging him with murder.
The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood 
Copyright © 2009 by The Atlantic Monthly Group. All rights reserved.
Good. About time. Murder's probably the prelude to a plea, but that's okay, too.
I was just thinking about this on the drive into work this morning, and how the people in that one tape are laughing and joking and clearly don't think the situation's out of control, and then...tragedy. It's just awful.
I hope they include a lesser included offense like voluntary manslaughter. I really think the case could go either way.
Glad to see something is being done about it though.
First link isn't working. (It appears to try to take me to some sort of uber-secure Atlantic site--I could be the new blogger!--before my server gives up.)
Nevada? They seriously didn't tell him he had to stay in the state, which is rather large? At least they're finally moving.
A further note that I have never understood how breaking the windows of random businesses is going to make anyone in authority behave better in the future. More likely the random businesses move out of those neighborhoods, leading to post-LA-riot-esque complaints about how groceries and such don't want to move into poor neighborhoods....
Nor how stealing a tv is a particularly useful act of political protest.
It only took the DA 13 days to arrest a guy caught on tape shooting and unarmed man lying face down in the back!
Sorry DA, you get no points for belatedly doing your job.
Now I have just one request from you: Don't be an idiot and turn this investigation (and possible trial) into a politically motivated soap-opera. If you do, you'll turn what appears to be a clear-cut case of police brutality into the cause de-jour of rightwing nuts everywhere.
This of course assumes that the DA and police conduct a serious investigation and don't try and figure out a way to let this guy off the hook.
Good. Out in the street they call it murder...nice to see that the DA agrees, however belatedly.
One point of clarification. They arrested him on a murder warrant. That does not mean that he will be charged with murder. Two different things.
From the lede of the sfgate article linked above:
1. The coverup is always worse than the crime.
2. What the hell made him think going out of state was a good idea right now?
3. I'm not convinced it's murder (and unless you end up on the jury, neither should you), but I'm damn sure convinced he should be arrested.
This should work for the first link: http://www.mercurynews.com/breakingnews/ci_11447812?nclick_check=1&forced=true
They arrested the cops that shot Sean Bell and the cops that beat Rodney King too. We'll see what happens.
What the hell made him think going out of state was a good idea right now?
The second article said he feared for his life. that part might not be wholly unreasonable.
Monie,
There was also Frank Jude.
http://en.wikipedia.org/wiki/Frank_Jude,_Jr.
I noticed in the sfgate.com article they said that Mehserle appeared to be trying to put cuffs on Grant and that Grant appeared to be struggling.
I have thought from the beginning that if Mehserle were ever tried his defense would be some combination of "taser confusion" and inadequate training (transit cop vs. regular cop) and maybe some severe personal stress on top of all that.
However, the brutality of the slaying, the public outrage, and the video all taken together may produce a better outcome than in the case of Rodney King and Sean Bell. I certainly hope so.
Liza,
Thanks for the link. This is the first I've heard of the Frank Jude case.
An Oakland jury is not going to let this dude walk; he's going down for something if it goes to trial, which is why that will never happen. He'll cop a plea to a lesser.
@Tyler -- I understand your frustration but two weeks is pretty quick in the legal world and all the media attention probably made this thing run slower (of course, sans video, maybe the guy never gets charged). In any event, it's much better that the DA took a little extra time and presumably got his/her Ts crossed and Is dotted than rushing into this and potentially messing something up. Spending the last two weeks worrying about what was coming next was probably at least as bad for this guy as sitting in a cell.
"An Oakland jury is not going to let this dude walk"
Which is why I expect that if it does got to trial that the defense will request a change of venue to get it moved to another area of the state, most likely somewhere in Southern California.
Eh, as someone from Southern California (Santa Monica) I don't think that'll help. All of my (white, Jewish) friends and I are completely outraged at this and if we were on the jury...well, it wouldn't be pretty.
-h
They should have arrested him the day after the shooting. Not sure about murder, but I think extreme negligence comes up as at least manslaughter.
Here is the problem I have with it. The only reason he is being arrested is because it was caught on tape and the people of Oakland reacted violently to that. If no one saw it but the officer and no one protested, then he might continue in his job working at the BART and legal prosecution wouldn't even come up.
Now I think the cop even though he is guilty of extreme negligence resulting in the kids death, is being unfairly treated by the Justice system. He should go to jail based on the evidence of the case not Community outcry.
"Now I think the cop even though he is guilty of extreme negligence resulting in the kids death, is being unfairly treated by the Justice system."
Care to explain how he's being treated unfairly by the justice system? He was on film shooting a guy in the back. He got arrested on suspicion of murder. What's so unfair about that?
Good. Now I can go to the inauguration a little less worried that my Oakland home will be burned to the ground by trust fund "anrachists" from Berkeley who are only looking for something to rage against.
There is an update on sfgate.com:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/14/BAJE15A6O2.DTL
Mehserle waived extradition and he's being sent back to California today.
There are some close up photos of Mehserle at his extradition hearing.
"Care to explain how he's being treated unfairly by the justice system? He was on film shooting a guy in the back. He got arrested on suspicion of murder. What's so unfair about that?"
He should go to jail for shooting the guy in the back. He shouldn't go to jail because of people protesting. Too many people are in Jail today because Prosecutors were pressured into finding someone to lock up regardless of guilt. If he was any normal citizen he would have went to jail right after the shooting. Which is how it should have been handled but because he was a sworn officer he was treated differently.
He's being treated unfairly because the only reason he's going to jail is because of the protest. I'm not arguing he shouldn't go to jail. I'm arguing that District Attorneys shouldn't wait til people notice a crime to prosecute it. And that everyone who commits a crime should be treated equally regardless of their position.
Ray,
How in the world can you possibly say that the only reason he was arrested was because of public outcry? That's ridiculous. You said yourself he should go to jail for shooting the guy in the back. He did. So because he didn't go to jail right away, he shouldn't at all? This is how all police shootings go. I truly don't understand your point.
Ray,
I don't disagree with any of your conclusions but I think it is unrealistic to expect the legal system to proceed at its ordinary pace when extraordinary circumstances exist, such as the fact that the crime was committed by a police officer or the amount of media attention involved. Under those circumstances, I actually think the appropriate thing is for the criminal justice system to move extra cautiously and to avoid a rush to judgment. I think the Duke lacrosse case is an excellent example of what happens when the prosecutors move too quickly in a highly publicized case.
None of this is to suggest, of course, that the officer should be treated differently by the system once he is in it. He should have the same trial anyone else would have and receive the same punishment, regardless of his position or the number of cameras present. But I think EVERYONE - DAs, athletes, politicians, bloggers - should proceed as carefully as possible when they're under a spotlight.
So, I agree that a civilian would probably have been hauled off to jail right away, and I of course agree that it is wrong when the law looks for a scapegoat in response to media/political pressure, but I'm not sure either of those beliefs that we share lead to the ultimate conclusion that this officer has somehow been treated unfairly (either because he wasn't arrested immediately, as you suggest at first, or because "the only reason he's going to jail is because of the protest" - which I'm not sure I believe, though I do believe he might have gotten off if not for the video).
It seems to me that this is working out the way it should under the circumstances - no rush to judgment, no trial in the media (thus far), no evidence of preferential treatment for an officer, etc. I hope it continues that way, right up to, and including, the guilty verdict.
It is as though the transit agency and perhaps the Alameda County DA were caught off guard by Mehserle's resignation. He had been suspended from duty, but when he abruptly resigned, they were apparently not ready to take some kind of action.
This looks bad for the transit agency and the DA because it provides an opportunity for flight. Mehserle could have just as easily fled to Mexico instead of Nevada.
"How in the world can you possibly say that the only reason he was arrested was because of public outcry?"
If it wasn't caught on tape and the media never picked it up, this officer would probably be back on the job after a few weeks suspension. Because there would have been no pressure on the Prosecutor to go after this officer. Too often cases against the police are only brought after someone's political career is in trouble.
"Under those circumstances, I actually think the appropriate thing is for the criminal justice system to move extra cautiously and to avoid a rush to judgment. I think the Duke lacrosse case is an excellent example of what happens when the prosecutors move too quickly in a highly publicized case."
The problem with that is, how can this officer receive a fair trial in Oakland after all the chaos it caused? The jury pool in Oakland is going to be so stacked against him that it'd be pretty hard to find unbiased jurors to find him guilty. There will be political pressure to convict him regardless of fact he's already been convicted by the public.
Had he been locked up after the incident as any normal citizen would have been. The story wouldn't have caused such a problem and the trial would be able to go on without all the media coverage which doesn't help the cause of justice.
"If it wasn't caught on tape and the media never picked it up, this officer would probably be back on the job after a few weeks suspension."
Yeah, if it wasn't caught on tape, he could be back at his job. But I still doubt that. There were a LOT of witnesses. But even still, that's different than what you said. You said the officer was being treated unfairly because the ONLY reason he was being arrested was due to the public outcry. That's not true.
Ray,
Sure, that's possible, but you're speculating. Maybe you're right that there would have been no media coverage if he'd been arrested right away (though I doubt it) or less community outrage (maybe, but I don't think it would have eliminated it), and maybe this would have increased the likelihood of a fair trial. Or maybe it would have prevented people from coming forward with their cellphone videos and the guy would have walked. We don't know.
I still think it sensible to take a bit more time if the case involves a police officer or a high degree of media attention. Even if the delay risks harming the process in some ways, rushing under a spotlight seems even more dangerous.
I'm not sure unbiased jurors exist anywhere, in any case. Jurors always bring their own prejudices with them. It's part of our system. He's not guaranteed a perfect trial, or even a fair trial - none of us are - just a trial that comports with due process. I think he can still get that in Oakland.
Eh, as someone from Southern California (Santa Monica) I don't think that'll help.
You should probably know as much as anyone that the political leanings of Santa Monica aren't exactly representative of all of Southern California, much less the entire state.
I took a look at an article in the cop's hometown Napa Valley Tribune about how his family was getting death threats, and the comments included both "the guy needs to be put on trial but leave his family alone" as well as "Why are all these people hating on cops who serve and protect us?"
In other words, they don't have to go very far from Oakland to find a community where the public will try to find any reason they can to believe that a cop can do no wrong.
"Yeah, if it wasn't caught on tape, he could be back at his job. But I still doubt that. There were a LOT of witnesses. But even still, that's different than what you said. You said the officer was being treated unfairly because the ONLY reason he was being arrested was due to the public outcry. That's not true."
That is unfair, people should not be brought to trial because of Public outcry. If there were no other witnesses and the officer described what happened in a written report to the DA the case wouldn't have even come up. Many innocent people are in jail today because courts are influenced by the Public and disregard evidence and proper procedures. He should be in jail awaiting trial on the merits of the case not the fact people were protesting.
All I'm saying is Prosecutors shouldn't wait until a crime becomes popularized in the media to do their job.
Ray,
You are a ridiculous person. At no point in my quote did I say or admit that he was arrested due to public outcry. Stop. Seriously. You originally said that the only reason he was arrested was due to public outcry. You then said that he wouldn't have been arrested if it wasn't on tape. Those are two, very different things. Think harder.
And they're both fucking unknowable anyways. Sheesh. This isn't some unsolved crime where the public is demanding someone's head on a platter. Its clear what happened looking at the videotape. It just comes down to what the DA thinks he can make stick.
The best thing now if for BART to come to an agreement with Grant's family for a payout and then for the Prosecutor to reach a plea bargain. There's been enough ancillary violence because of this event.
Just gonna throw my two cents in real quick. Prosecutors routinely take months to actually file charges against people. Also this was an extremely political case and I'm sure The DA (the women who is actually elected to run the Alameda DA's office) weighed in on how the office would proceed. You can bet the Mayor put his two cents in as well, thus creating the delay. How to charge the case is an important thing, I don't think the DA will make the murder charge nor do I think this matter will go to trial. He'll likely plead to manslaughter and serve mid-term. A lot goes into filing charges against someone especially in a case like this. While he may want a change of venue it's a pretty hard motion to have granted (trust me I've tried). Also they won't move the case far, maybe Contra Costa or San Mateo, but it's not like there's a soft place for this guy to land if he gets out of Alameda County.
P.S.
to Irish: the best thing to come out of this case isn't a plea and a settlement. Bart Police and all Police agencies should be taken to task for how they train their officers to deal with situations like this. Officers are eager to use their tasers, guns, and clubs during confrontations. Being a cop is a difficult job, but you knwo that going into it and Officers everywhere should think twice before they decide to use force against someone. The worst thing would be for this case to dissappear from the national spotlight before the issues are addressed.
Justin,
I should have stated something like "the immediate best thing" instead of how I phrased it.
Long term we need better policing and police. It would also be nice to have better citizens, but then this ain't Sweden and the woman who lives next door to me isn't named Scarlett Johannsen. I would like a puppy too.
The incident needs to be studied to try to avoid future similar incidents. The Law Enforcement community learned from mistakes at Columbine and hopefully they can make some changes based on this.
That being said I just don't think it is very common that a cop will literally just take out his weapon and shoot someone for no apparent reason. Or at least apparent valid reason.
If it were common there would be many more incidents of police killing civilians than there are now. Police kill about 400 people a year in this nation. Out of that number how many are questionable shootings? How many are as fucked up as this situation?
At least a dozen in Oakland in 2008. And did you see what happened in New Orleans? The bigger problem is the excessive use of force which permaites a mjority of the police departments throughout this nation.
"At least a dozen [police killings] in Oakland in 2008."
Six, actually. http://www.insidebayarea.com/oaklandtribune/localnews/ci_11195191
Not that six is a good number, but facts matter. At least a couple of those were clear-cut cases where the cops were facing an armed suspect directly threatening them. At least a couple were as screwed up, or nearly so, as the Oscar Grant shooting. Oakland PD have a shitty situation to work in, and they often do a shitty job in response, but not always.
Now I have to go get on BART and see if I can get through the latest protest in downtown Oakland unmolested. Flyers have been going up all around town and on BART asking people to wear masks and bring spray paint and bricks. Ya - that'll really help.
Good and good. Hopefully we shall see justice served.
As I said before, I join the doubters that a murder charge would earn a conviction - there's simply no evidence (that we've seen) of the required mental state.
On the other point, about immediate arrest: I am NOT in favor of immediately arresting policemen who use their guns in the line of duty. Hell, I'm not even in favor of immediately arresting them when they shoot unarmed people. People who are arguing that "police are no different than anyone else" are ignoring the fundamental nature of the job (the approval to use all sorts of force to enforce compliance), which is both a long part of our judicial tradition, and is codified into criminal law.
Justin,
it is implicit in your mentioning the "at least a dozen" that somehow all of those police killings, which apparently turned out to be 6, were questionable.
They're not. I can think of a number of recent incidents in the Chicago area where police killed people who shot and wounded police officers in the incident at question. I assume most of those shootings are valid.
What the real percentage of questionable police shootings is a number I don't claim to know. I do think a large majority of police shootings aren't "questionable".
This Oscar Grant shooting is just so outside the normal for police shootings that I don't know how to classify it. I guess "fucked up" needs a category.
Some of the rhetoric surrounding the shooting and the violent aftermath are also fucked up.
This isn't "state terrorism","genocide" or some of the other stupid phrases I've seen posted regarding this incident.
This is one incident where one cop, for whatever reason, killed one man unjustifiably. Trying to use it as an example of "the system" is wrong.
DB Cooper,
If Oscar Grant's killer does not for some reason go down on a murder conviction, he'll go down on civil rights violations at the Federal level. That is also "a long part of our judicial tradition."
Mehserle will go down. Who is going to advocate for him? The transit agency? The gun manufacturer? The taser manufacturer? The other cops who were present at the scene of the murder?
Mehserle is out there by himself, and it doesn't look good for him.