Vol. 73/No. 22      June 8, 2009

Grant, a 22-year-old supermarket worker and African American, was shot and killed by Mehserle on New Year’s Day at the Fruitvale BART station. Passengers nearby captured the shooting on cell phones or video cameras and several testified for the prosecution on May 18 and 19. Mehserle is shown standing above Grant and shooting him in the back as another cop held Grant face down on the platform.

The earlier disclosure in the media of videos showing the unprovoked killing of Grant led to widespread outrage. On January 13, following weeks of protests, the Alameda County District Attorney charged Mehserle with murder.

The opening hours of the hearing to determine whether Mehserle will stand trial for murder or a lesser charge featured testimony from Karina Vargas and Margarita Carazo. They each said they began videoing because they thought it was “wrong” what Mehserle and other BART cops were doing in forcing Grant and some of his young friends off the train and mistreating them in the moments before Mehserle drew his handgun and shot Grant.

Vargas testified that the cops cursed at Grant and four of his friends while ordering them off the train. Carazo said one of the cops then pushed Grant into a wall.

After the prosecution witnesses completed their testimony, Mehserle’s attorney argued his case, that the killing of Grant was not a murder “because Mr. Mehserle didn’t intend to use his firearm.” He claimed the cop thought he was firing his Taser, which was justified because Grant was “resisting arrest.”

When the hearing was recessed, Grant family attorney John Burris’ told the media that “If Mehserle had made a mistake, the first thing he would have done is told his partner, ‘I made a mistake.’” Instead, Mehserle was silent, which “speaks volumes.”

Cephus Johnson, Grant’s uncle, told reporters that seeing his nephew get shot over and over as the videos were replayed during the hearing “is really striking to the soul. It’s very painful each time I look at that video, and I’m sure for the rest of the family it’s very painful. But we know this is something we have to go through at this time to get justice for Oscar.”
 
 
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Defend our constitutional rights!  
 
 
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