Jul 12 2010
Analyzing the Verdict in the Trial over the Shooting Death of Oscar Grant
After only 9 hours of deliberation, a Los Angeles jury found former Oakland transit officer, Johannes Mehserle, guilty of involuntary manslaughter last Thursday in the fatal New Year’s Day 2009 shooting of Oscar Grant, an unarmed black man. The case marks the first time in state history that a law enforcement officer has been charged with murder in the line of duty. Yet, Grant’s relatives as well as community leaders, activists and others were outraged that Mehserle was given the lightest verdict short of acquittal and believe that the case underscores the justice system’s systemic racism. The defense’s argument relied on Mehserle’s claim that he intended to reach for his taser but accidentally shot his gun, even though in the immediate aftermath of the killing, Mehserle justified his actions to his fellow officers saying he thought Grant was armed. The defense also maligned Oscar Grant as dangerous, with a history of run-ins with the law. The ploy seemed to have worked as the final verdict reveals a serious contradiction that while the charge of “involuntary manslaughter” suggests the jury believed there was no intent to kill, the jury also added a gun crime sentencing enhancement for intentionally using a gun. There were no African Americans on the jury that convicted Mehserle. About 500 people marched in largely peaceful protests in downtown Oakland and dozens of protesters gathered in Leimert Park in Los Angeles in the hours immediately following the verdict. Later that night in Oakland, police made numerous arrests as protests continued. Mehserle faces 5 to 14 years in prison and is set to be sentenced on August 6th. Following this controversial verdict, the United States Justice Department has opened a civil rights case against Mehserle who may face federal prosecution.
GUEST: Thandisizwe Chimurenga, KPFK Programmer, and an embedded journalist with the LA Coalition for Justice for Oscar Grant
One Response to “Analyzing the Verdict in the Trial over the Shooting Death of Oscar Grant”
Mehserle’s intent was the main issue.
In legal speak, we call it the “Mens Rea,” which means “malice aforethought.”
This can be difficult possible to prove, yet unreasonable to construe in the matters of this case. Involuntary manslaughter is the perfect conviction, no racism here.
A gun enhancement would open a judicial can of worms, as well as constitutional issues, hence this is unlikely,