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The Verdict

Friday, Jul. 09, 2010 11:27 AM


The jury found former BART Police officer Johannes Mehserle guilty of involuntary manslaughter in the death of Oscar Grant, with a gun enhancement (that will affect his sentencing).

I think the key issue in the case is Mehserle's conduct. 2nd Degree murder requires reckless behavior.

Manslaughter is a crime in the heat of passion.

Involuntary manslaughter, then, would be the least serious offense - a death without necessarily reckless behavior and without an emotional context of anger, etc.

To me, however, if you're not sufficiently trained, and you're in the middle of a stressful situation, there has to be an emotional context. And that it was shown Mehserle had his taser out, then reholstered it, and then sought to draw it again, speaks to incompetence or reckless behavior - brandishing a weapon for no reason.

So I could easily see a charge of Murder 2, or Manslaughter. Involuntary manslaughter, no.

Your mileage may vary.



The Ministry has received 1 comment(s) on this topic.



Brin aka Bindyree - 2010-07-10 06:53:57
The Gun Enhancement thing is a crock, in my HO; the man carried a gun as a requirement, so he shouldn't be 'punished' for having a gun on his person.