Oakland Mehserle Trial/Oscar Grant

As the jury weighs the evidence against former BART policeman Johannes Mehserle, in the killing of Oscar Grant, Oakland is on high alert. Many store owners in downtown have boarded up their windows, as they anticipate violent public reaction to the impending LA County Court verdict.

Mehserle could be found guilty of 2nd degree murder, voluntary/involuntary manslaughter, or acquitted. The differences between these charges mean nothing and everything to angry people in both Oakland and LA. Many want a murder conviction, regardless of the law. Others feel the same way, for acquittal.

Let's look at the charges. Second degree murder takes away the premeditation of first degree murder (a charge disallowed by the judge), while acknowledging intent to kill, minus reasonable “heat of passion”. Voluntary manslaughter requires intent to kill with malice aforethought, but with some mitigating circumstance that reduce culpability (responsibility). Involuntary manslaughter requires no intent to kill, but rather reckless or negligent behavior that leads to death.

I suspect that jury deliberation will be between 2nd degree murder and voluntary manslaughter. Their decision will pivot on whether Mehserle’s action was influenced to the point of “heat of passion”, resulting in weapon confusion. I further suspect that he was confused, but not impassioned. Grant’s actions, while lying on his stomach, would not seem to rise to life threatening, or even taser inducing, as reflected in the behavior of the other officers subduing Grant. Involuntary is off the table, as officers are trained to only fire their weapons in life threatening circumstances.

This leaves 2nd degree murder as the best charge, except for one thing. Juries are loath to charge police officers as such, due to the inherent dangerous nature of police work. Call it the benefit-of-the-doubt effect. So, I expect a voluntary manslaughter conviction. I also expect marching and protest, but little violence in Oakland, where community organizers have worked to portray lawlessness as counter-productive to the community. The initial riots were due as much to OPD incompetence – dispersing (halting) organized assembly and protest – as they were due to violent reaction to the killing.

LA is a different story – cross your fingers people.

James C. Collier

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