Oscar Grant Killer Receives Involuntary Manslaughter

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  • Oscar Grant Killer Receives Involuntary Manslaughter


More than 18 months after killing Oscar Grant in Oakland, Calif. on New Years Day 2009, Bay Area Rapid Transit police officer Johannes Mehserle was convicted of involuntary manslaughter.

Kai Wright at Colorlines magazine explains:

Video of the shooting seems to plainly demonstrate a man being murdered: After wrestling Oscar Grant to the ground, BART cop Tony Pirone helps Mehserle turn Grant over onto his stomach. Pirone kneels on top of Grant and presses Grant's face into the BART platform as Mehserle moves to handcuff him. Mehserle gets ahold of Grant's left hand, but can't get Grant's right hand out of his pocket. Mehserle reaches and fumbles, but eventually pulls out his gun, stands up and shoots Grant & "execution-style," as many have called Mehserle's fatal act that night.

For many, this footage is evidence enough that Mehserle committed outright murder. But perhaps less than the actual evidence and arguments from either side, jurors were limited in their decision by the legal definitions of murder and manslaughter, and what constitutes an unlawful killing."

Wright says that the limitations the jury was operating under lead them to an "awkward" decision. While the involuntary manslaughter charge indicates that the jury believes Mehserle did not intend to kill Grant, he was also convicted with the lesser charge of intentionally using a gun. That addition to his conviction will increase the possible sentence from two to four years to five to fourteen years.

Colorlines also notes that the U.S. Department of Justice has opened an independent investigation of the case to "determine whether the evidence warrants federal prosecution" of Mehserle.

Shani is the associate editor of CampusProgress.org. You can reach her at shilton@americanprogress.org.

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