Columnist Jamala Rogers
Johannes Mehserle shot and killed Oscar Grant in cold blood. This would have been hearsay were it not for the many cell phone videos that captured the execution in the early morning hours of New Year’s Day. The incident quickly went viral creating a burning outrage. Just as quick was use of the term of “execution” by many, including city officials, to describe the incident.
The shooting occurred at a BART station in full view of passengers-turned-witnesses. BART police were allegedly responding to a fight on the train and pulled several riders off. It is not clear if any of the riders detained were actually in the altercation. It’s not been confirmed if there even was an altercation. At the time of the shooting, three officers had Grant subdued face-down when Mehserle pulled his gun and shot Grant in the back.
Mehserle was hired two years ago by Bay Area Rapid Transportation (BART), the area’s commuter rail system serving four counties that include San Francisco and Oakland. His first child was born days after the shooting. Mehserle is white.
Oscar Grant was a 22-year-old grocery worker with a 4-year-old daughter. When she was born, he adorned his rearview mirror with two pink flags proclaiming “It’s a girl!” and left them there until the flags literally disintegrated. Grant was unarmed at the time of the killing and is black.
Mehserle has resigned rather than cooperate with the BART investigation only adding fuel to the fire. His resignation came on the day of Grant’s burial and protests that turned violent.
In defense of Mehserle’s unprovoked shooting of an unarmed man, confusion between drawing his Taser or stun gun and a real gun is being advanced. I took to the websites and blogs of cops to see if such a deadly misunderstanding is possible. According to the men and women who are trained to use both, the defense seems to be a stretch.
The standard-issue pistols for BART cops are the Sig-Sauer .40-caliber semi-automatic pistols. They use the X26 model Taser which had only been distributed three months earlier. A loaded Sig-Sauer weighs nearly three times as much as the X26 Taser and is taller by about 2 inches. The feel is completely different. The Taser is deliberately worn on the opposite side of their gun hand or in the middle of their belt. The location is completely different. BART officials have not confirmed whether Mehserle was issued a Taser or if he had it on his person the night of the shooting. Citizen video photos show he did not.
The cop blogs also revealed that it was a legal mistake for Mehserle to resign. Under California law (and that of most states), law enforcement officers have protections that are not afforded to ordinary citizens who are accused of crimes. For example, the California Officers Bill of Rights Act gives them the right to decide when they will be interrogated or if their photo can be released to the press. Mehserle is now a civilian and vulnerable to the laws that govern us little people.
The people who took to the streets in San Francisco and Oakland are not just angry African Americans who have long been the targets of police abuse and terror. They were people of all hues and backgrounds. When citizens see an everyday situation result in tragedy, the anger and contempt become personal. At the demonstrations, protestors changed “We are Oscar!”
I ride the BART when I’m in the Bay Area and I have gotten off at the Fruitvale station. When there’s a rogue cop around, anyone can become an innocent victim of “justified” police actions.
The manner in which BART handles this tragedy will be instructive not just for the Bay Area but for the nation. If a department continues to protect, justify or conceal this type of behavior, it can lead to pervasive corruption and contempt of police by citizens.
St. Louis Metropolitan Police Department, pay attention.