The Ministry of Shadows

Last Five Entries

Gone, But Not Forgotten?
Friday, Jan. 20, 2012

What The Internet Will Look Like Under SOPA
Wednesday, Jan. 18, 2012

Fearsgiving Week
Monday, Nov. 21, 2011

Jesus Approves of Waterboarding
Monday, Nov. 14, 2011

Beware of Asteroids
Wednesday, Nov. 09, 2011


FirstGov Portal

Legislative Database

Recommended Reading


Bruce Schneier

James Hudnall

Glenn Greenwald


You Are Dumb

All links are current as of the date of publication. All content created by the author is copyrighted 2005-2010, except where held by the owners/publishers of parent works and/or subject materials. Any infringement of another's work is wholly unintentional. If you see something here that is yours, a polite request for removal or credit will be honored.

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.