Key Ruling in Mehserle Trial
LOS ANGELES (KCBS) The judge in the murder trial of former BART police officer Johannes Mehserle has ruled that jurors can consider charges of second-degree murder, voluntary manslaughter and involuntary manslaughter in the case.
If convicted of murder, Mehserle would get 15 years to life in prison. But if he's convicted of one of the lesser charges, former San Francisco prosecutor Jim Hammer said the penalties could be far less stiff.
"Under involuntary manslaughter, which is criminal negligence, no intent to kill, you can do as little as 16 months in prison up to three years in prison," said Hammer. "Voluntary manslaughter, which is the reduced murder with the intent to kill. You could do 11 years max, plus, add on time for the gun."
Podcast
Mehserle is accused in the New Year's Day 2009 shooting death of unarmed passenger Oscar Grant at the Fruitvale BART station.[pullquote quote="Under involuntary manslaughter.... you can do as little as 16 months in prison up to three years in prison." credit="Former San Francisco prosecutor Jim Hammer"]
He testified last week that he shot Grant accidentally when he intended to stun him with a Taser.
Grant's uncle, Cephus Johnson said the community will be angry if Mehserle is acquitted, but that activists have the right to speak out.
"The many activists that we have come to know as a family, who have embraced us and have supported us and have been in this courtroom with us are nonviolent or destructive protesters," said Johnson.
He does acknowledge that some people may turn to violence if Mehserle is found not guilty.
Closing arguments are scheduled for Thursday.
