OAKLAND (CBS 5) – The former Bay Area Rapid Transit officer who shot an unarmed passenger to death may soon be released from prison.

Johannes Mehserle has served eleven months of a two-year sentence for the New Years Day 2009 shooting of Oscar Grant III. A judge is expected to grant leniency, allowing him to be released as soon as mid-June.

Mehserle was convicted of involuntary manslaughter for shooting Grant on the Fruitvale Station platform as a train brought revelers home following New Year’s Eve celebrations.

Mehserle claimed that he mistook his gun for a taser.

A federal civil suit related to the shooting is still pending.

(Copyright 2011 by CBSSan Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

Comments (71)
  1. srsly? says:

    cbslocal.com could be the jankiest website ever.

    1. steve says:

      maybe blue-gums should listen to the cops, instead of running their mouths when they get detained by the cop

      1. f u 2 says:

        Y should they, cracker as honkies do it all the time… you racist prick

  2. Matt says:

    How in the hell does this happen????? The system has seriously failed us and for that we need to take back what is ours…. “Our Rights” It seems like all the police are is a crooked MOB not out helping for the good but rather terrorizing and hiding behing a badge. Cops robbing people and killing people and gettin paid leave??? I wish i could do this and get away with it. Wait i can all i have to do is become a cop.

    1. j.mama says:

      you wouldn’t pass the drug screen and you can’t be a felon, so I’m guessing that wouldn’t be possible in your case

    2. RM says:

      He was found by a JURY of the PEOPLE, to be guilty of involuntary manslaughter. So I dont get your point?

      1. sandy says:

        RM…you seem to jump quickly to support Mehserle and the ruling in this case. Are you a firm supporter of killing unarmed people? Or just light sentencing for gross negligence from our supposedly “highly trained” law enforcement staff?

      2. adam says:

        Unarmed or not…he still a friggin dirtbag! Get over it!! Mehserle should be commended for his action…a true crime fighter!

      3. NWTSCL says:

        I’m glad you knew him so well to say that with any certainty.

        Now, pulling your handgun and shooting an unarmed handcuffed man who is face down makes you an idiot in the least. Doing it just after having your taser out then claiming your handgun for it makes you a dirtbag. Actually, it makes you worse than that…

      4. Mari says:

        Amen! I wish Mehserle could have taken out more of them!

      5. london bleu says:

        Mari…you have to be by far the stupidest racist on this site…maybe you should get shot in the ass and let everyone knows how it feels..or have a cop shoot one of your relatives…dumb…I’m done with the site so write all you want..I won’t be checking…better yet what if he shot your son???

      6. london bleu says:

        Adam…how would you feel if he shot your brother???

      7. RM says:

        not jumping to support him at all. READ – READ (if you can) my comment. It was a decision made by the people.
        Dont bash the system, blame the jurors if you dont like the finding.

      8. Bob J says:

        The Bart police has admitted that their officers were not properly trained with ther tasers. No one has suggested that they were highly trained. I am a firm believer that accidents can happen in highly charged situations. Now lets talk about all of the black on black killings in Oakland that are not accidents.

      9. NWTSCL says:

        Bob J, being “not highly trained” is an excuse? What business did Mehserle have puting that thing on his duty belt — let alone using it — if he felt he wasn’t “highly trained”?

      10. Abe Vigoda says:

        Sorry, Bob, the last thing these folks want to do is take responsibility for their community and their actions. They are professionals at placing blame on everyone else.

      11. NWTSCL says:

        Not entirely true. To be more accurate:A jury of peers couldn’t find sufficient evidence to find him guilty of anything worse. That doesn’t mean he didn’t do worse.

      12. adam says:

        London bleu…my brother will not put himself in that position. No criminal records, knows not to run his mouth especially to a police officers, and not a dirtbag like him.

  3. Diana says:

    Nice typo there right in the headline. What happened to editing before posting something? hmph.

    1. Captain Quirk says:

      I don’t see anything wrong. Guess they must’ve fixed it.

  4. MacBayne says:

    Kill somebody, and you only have to serve 11 months of a 2 year sentence?! Even if it was an “oops,” that was a criminal “oops!” This man should not be released!

    1. RM says:

      Its not just this case, anytime a person is jailed and they are on good behavior they are let out early. He didnt get any preferential treatment.

      Welcome to CA!

      1. Tony says:

        Yeah as if CA actually had money to house people for their full sentences.

      2. Nicole says:

        In California an inmate only has to serve 80 percent of their sentence. Also he was in jail prior to receiving bail.

    2. Ricki says:

      Has b een in jail since Jan 2009… This is May 2011…. Do the math idiot.

      1. Caroline says:

        He was free on bail most of that time. He’s only been in jail since the verdict.

      2. Ce'Rena says:

        Wow. I can believe it. I was shocked when he got jail time. This is the world that we live in. African American lives aren’t worth what the lives of other races are. I teach my sons the truth. if the streets don’t kill you the police will.

    3. mike says:

      but if u kill a Chihuahua u get life jajajajajajaj

  5. Bloodhounds says:

    Can he still own a gun? I would think some people will be looking for him when he gets out. I sure wouldn’t want to be him. If the victim was white and the cop was black he never would get out. I watched the video and Grant was hand cuffed and unarmed and then shot in the back. Terrible!

    1. Captain Quirk says:

      No, convicted felons aren’t allowed to own guns.

  6. SZ says:

    has anyone been told by BART train operator not to sit together just two are talking basketball? has anyone been the victim of violence on BART then be treated like a criminal when reported the crime? Does anyone really think BART truly care?

  7. 1 eye open says:

    Mehserley claimed that he mistook his gun for a taser. > He shot an unharmed handcuffed Oscar Grant behinhd his back dead…….. and now its like no big deal?

  8. Clyde says:

    sad case the other cop should have been jailed as well Tony P and his trash talking stirred everything up

  9. Clyde says:

    the race cars was not in play and shootings in Oakland has nothing too do with this awful case……then Bart rehired the female cop fired over this well some board did..she got back pay and the rest after her lies in the investigation


  10. EayGee says:

    murderer got less time for shooting a man in the back than somebody that steals a piece a candy… there no justice for black people in america….

    1. big woody says:

      Here is the reason that the black community is in such a failing situation: It’s always about the inequality and never about their outrageous behavior . The blacks, or at least the loudest ones, never are introspective, only lashing out in every other direction. Meanwhile, Oakland has, bar none, the highest murder rate in Northen California. And even in the inner-city, the violence is everyone else’s fault.

      Wake up, Oakland, and take some responsibility for destroying your own community.

      1. Jason says:

        I didn’t know that this had anything to do with “the black community” as a whole. I thought it was about a police officer shooting an unarmed, handcuffed kid in the back.

        Who knew?

        You genuis, you.

      2. Mr. Johnson says:

        you ignorant soul. police are the number one cause of negativity in Oakland. they dont have any intergrity on the police force. The Oscar Grant shooting is proof of that. reports are distorted more often than not. furthermore dont forget about the Riders club.

    2. Glenn Axworthy says:

      Your comments lack a certain ring of truth …

    3. adam says:

      Blacks will NEVER take responsibility for their own actions and blame it on the society or other. Act like animals and get treated like animals. PLAIN AND SIMPLE.

  11. Barak Palin says:

    Barf is a joke. No way would a white cop have shot an unarmed white youth in Walnut Creek…get real people.

    1. larry jones says:

      It’s a tragedy, no doubt. He doesn’t deserve to die for being a youngster doing what was admittedly probably not his 100% best behavior. Nevertheless, the bloodlust people have for the cop is scary too. I mean hey, I mess up at work once in a while. He is a human being! He messed up. In his line of work that means he is a murderer, in this case. It sucks, but this is a lot more of a grey issue than just Black and white.

    2. Booger says:

      Maybe so, my caring moron, but the kids in the burbs hardly have the edge and violent disrespect for authority that is the norm in East Oakland. By the way, what are the statistics regarding violence , such as drive-bys robberies and general violence in Walnut Creek??? When violence does occur in Walnut Creek oftentimes it is committed by predatory miscreants from the bowels of Oakland. And how many police officers have been gunned down by kids in Walnut Creek?

      1. 13BravoMom says:

        You do know that Oscar wasn’t from Oakland, right?

  12. NWTSCL says:

    If I grabbed a bottle of booze, drank it, drove, then killed someone, would I be let off with a slap on the wrist if I claim that I thought it was a bottle of soda?

  13. Mr. Smith says:

    Mehserle should be released. After all, Grant probably would have spent his sorry life being supported by the California penal system. He was an unemployed, violent thug hellbent on robbing and committing crimes.

    1. EN says:

      and you have proof of this?

    2. Annie says:

      If people would act with respect, talk with respect and obey the laws they
      would never find themselves in a place to be tazered no matter what color they are. I’m past 70 years old . . . never been arrested, never disrespected a police officer and I’ve never been tazered . . .gee, i wonder why? My parents
      taught me right from wrong and I live by that. All these people know right from wrong they just make the wrong choices……if it quacks like a duck, its a duck. If it acts like a thug, its a thug.

  14. EayGee says:

    Juror of his peers what a joke.. The trial got moved to Los Angelas because they knew if it was in Oakland his but when have been convicted… No black people on the jury and it was a fair jury??? what a joke. He’s a cold blooded murderer that got away with it.

  15. EayGee says:

    why are messages getting screened?

  16. Mari says:

    Finally some GOOD NEWS! FREE MEHSERLE!!

    1. EN says:

      I can’t wait to see his payback

    2. london bleu says:

      Are you kidding me??? he shot a kid in the back…what about good news for Oscars parents by keeping Mehserle in jail longer…regardless of his skin color he did not deserve to be killed….what is wrong with you???by the way would you feel that way if it was your child???

      1. london bleu says:

        That comment was for Mari…

  17. EayGee says:

    Bob you my friend are a redneck bigot….

  18. 13BravoMom says:

    It sickens me to see how many negative comments there are about the victim Oscar who was a beloved son, father, fiance and friend of many. My own son went to high school with him and he was not the loser thug that people are making him out to be. Just because you can be mouthy doesn’t mean that you should be murdered in cold blood by someone who is obviously lying about not knowing the difference between how a gun feels vs how a taser feels in your hand.

  19. ish says:

    Mehserle is a murdering monster!!!!!!!!!!!!!

  20. Nicole says:

    It is unfortunate that we as a community have lost someone. However, the real people affected are not Oscar Grant or Johannes Mesherle. The real victims are the kids involved in this situation. If you have so much passion about the situation hope for the best for the kids (Oscar’s and Johannes’). Because unfortunately for them this will always follow them; every post made, every negative message typed, every picture. Don’t tarnish their future.

    1. london bleu says:

      Nicole…I agree to a certain point but Mehserle gets to go home to his child….Oscar can’t.

  21. mike says:

    wow u kill a chihuahua and get life in prison kill someone u get 11 month only.hopefully he moved out of this country.i remember what Oakland residents did when this happen and i dont want to be in his shoes after getting realese

  22. hayward derek says:

    If you have a kid and are on parole maybe you should stay home. This young man didn’t deserve to die. if you hangout in the hood everntually you will get shot. If you are on bart and have been stressing on shootings all day eventually you will get shot. Just stay home and stop acting like the punks you is. Unless, it suks and you want to ie anyway…

  23. kellly says:

    The sad truth is Grant made more money for his daughter by being killed in an altercation that was mostly his fault than he ever could have made in his entire life had he stayed alive, even if he could have stayed out of jail.

  24. Taylor Tiana says:

    Wow……..ppl are crazy…if this was your son that was killed….and the story sounds….real silly….how would you feel…if this was a black cop…and white young man……he would gotten life………..the video speaks for it self………he going to have to run and hide for the rest of his Life!!!!!!!!………….and Ms Grant….has nothing……….to look foward to…….Once again Video speaks for it self!!!!!!!!!!……..I hope he can deal with what he has cause……

  25. MR says:

    Why is this a black or white issue? It was an unfortunate accident perpetrated by Oscar Grant. It wouldn’t matter if Oscar Grant was white. The outcome of his actions would have resulted in the same unfortunate experiences. Do you think white boys don’t get killed? Get real. Mehserle is the victim of who has the biggest mouths. It is a sad situation for both families.

  26. EN says:

    If Oscar was white, you know this wouldn’t happen. The excuse of grabbing your gun by mistake is lame. Why can’t you admit that the minorities get trreated differently by the police? I don’t drink, smoke, do drugs, have a rap sheet, swear, talk back to, threaten, insult an officer. Yet, they accuse me but don’t arrest me and in some cases threaten me because I’m transgendered. So before you tell us that we are overreacting accept the fact that whites discriminate those of us in the minority community on a daily basis.

    1. adam says:

      Yea, if Oscar was white. None of the rioting and looting would of happened. That is what separates the two.

  27. EN says:

    I meant treated not trreated

  28. MR says:

    If half the city weren’t acting like a bunch of hoodlums looting and destroying property in their own communities and to their own people maybe a little more sympathy would have been generated for the model citizen who did nothing wrong.

  29. s brown says:

    No matter who was right or wrong the outcome is still the same. What needs to stop is the uncles comments about protest here and there all he is doing is creating more trouble .. You will live the loss everyday but its time to go forward and stop trying to nail the cop to a wall. He served his time per the courts so leave him alone and pray as a family not protest with everyone .. IF one of your family members ever make a mistake you would be fighting to be left alone..Iam a mother that has also lost a child in the hands of someone else so i know what you feel its time to grieve not fight for something that will not make things better. remember the cop made a mistake he has to as well live with this the rest of his life Justice was served so let the mom grieve stop fighting..

  30. clyde says:

    First Justice was served by order of a jury and a judge…..an awful event no winners in this noe..RIP Mr Grant


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