Ex-Cop Gets 2 Years in Shooting of Unarmed Man

A judge has sentenced a white former transit officer to two years in prison in the shooting death of an unarmed black man on a California train platform.

Johannes Mehserle was convicted in July of involuntary manslaughter in the videotaped, New Year's Day 2009 killing of 22-year-old Oscar Grant in Oakland.

The sentence by Los Angeles Superior Court Judge Robert Perry was significantly less than the possible 14-year maximum term for Johannes Mehserle.

When Perry issued his sentence, the mother of victim Oscar Grant shouted, "Oh my!"

Perry, however, threw out a gun enhancement that could have added 10 years in prison and said there was overwhelming evidence indicating it was an accidental shooting.

"I did the best I could with this case," Perry told the courtroom. "My decisions today will not be well-received by many people. I'm sorry for that."

Police said they were prepared in case there was a replay of the rioting in Oakland that followed the shooting on New Year's Day 2009.

Mehserle testified during the trial that he thought Grant had a weapon and decided to shock him with his stun gun but instead pulled his .40-caliber handgun. Grant was unarmed and face down when he was shot.

The incident let to rioting shortly after the shooting. Police reported no rioting or violence after the sentencing Friday.

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Prior to sentencing, Perry read more than a dozen letters for and against Mehserle, noting that some details were "flat-out wrong." Perry cited one letter that inaccurately described Grant as handcuffed when he was shot. Letters in support of the former officer stated that racial tensions had blown the case out of proportion.

Perry also noted another letter asked him to enact changes in law enforcement policy; a request the judge said he was powerless to oblige.

Perry said Mehserle has served nearly 150 days in custody and with credit for time served, he has 293 days applied to his sentence, nearly cutting it in half.

Defense attorney Michael Rains filed an immediate appeal with the court.

Mehserle testified during the trial that he thought Grant had a weapon and decided to shock him with his stun gun but instead pulled his .40-caliber handgun. Grant was unarmed and face down when he was shot.

Sentencing came after four relatives of Grant and his fiancee pleaded with Perry to order Mehserle to prison for 14 years.

Wanda Johnson, Grant's mother, cried as she gave a victim impact statement.

"I live every day of my life in pain," she said. "My son is not here because of a careless action."

The family continues to maintain that it was murder when Mehserle shot Grant. Mehserle was a Bay Area Rapid Transit officer responding to a report of a fight.

Mehserle, shackled and wearing a jail jumpsuit, also stood before the judge before sentencing and apologized for the shooting, which he contended was accidental and not racially motivated.

"I want to say how deeply sorry I am," Mehserle said. "Nothing I ever say or do will heal the wound. I will always be sorry for taking Mr. Grant from them."

He also cried during portions of his 10-minute statement.

Earlier, the judge said he had received more than 1,000 letters urging a harsh sentence.

The judge also dismissed a defense motion for a new trial.

Prosecutors had sought a second-degree murder conviction, saying Mehserle became angry at Grant for resisting arrest.

However, jurors were given the choice of lesser charges, including voluntary and involuntary manslaughter. In reaching a decision on involuntary manslaughter, jurors found that Mehserle didn't mean to kill Grant, but his behavior was still so negligent that it was criminal.

Involuntary manslaughter has a sentencing range of two to four years, while the gun allegation carries a term of three, four or 10 years.

Perry had several options in sentencing Mehserle that include tossing out the gun enhancement that was written into law to punish robbers and other armed criminals.

Reports of police officers mistaking a handgun for a stun gun are rare, but not unheard of. In 2006, a sheriff's deputy in Washington state accidentally shot and wounded a disturbed man after mistakenly using his .40-caliber gun instead of his stun gun.

Bruce Siddle, a use-of-force expert who viewed the video clips, theorized that Mehserle was working under stress in a hostile situation and did not realize he was firing his pistol.

"I suspect he thought he was reaching for his Taser," said Siddle, founder of PPCT Management Systems, an Illinois company that trains law-enforcement officers in the use of force. "If he was under stress, he would not be able to distinguish between a Taser and his firearm. You have video footage that seems to suggest that this officer made a tragic mistake."

But George Kirkham, a professor of criminology at the Florida State University who also viewed the footage, said he finds that hard to believe because most Taser stun guns do not look or feel like pistols, and the officer fired in a manner consistent with a handgun, not a Taser.

Kirkham, who works as an expert witness in criminal cases, speculated the officer fired because he thought he saw something in Grant's waistband or pocket that appeared to be a gun or other type of weapon.

"It's not believable that any officer can mix up a Taser and a firearm," said Kirkham, who has examined almost 500 police shootings over the past 30 years. "It's like looking for your steering wheel on the right side of your car rather than the left side."