OAKLAND (KCBS) — The former Bay Area Rapid Transit police officer convicted last summer in the fatal shooting of unarmed passenger Oscar Grant will be released from jail on Monday, according to the California Department of Corrections and Rehabilitation.

Johannes Mehserle, 29, has been confined in a Los Angeles County jail since he was convicted of involuntary manslaughter last July for the 2009 New Year’s Day shooting at the Fruitvale BART Station.

Mehserle and other BART officers responded to reports of a fight on a train. He testified at trial that he meant to use his stun gun instead of his handgun on the 22-year-old Grant, from Hayward.

Mehserle will have served 11 months of a two year sentence.

Corrections officials on Thursday informed Grant’s family of Mehserle’s impending parole under the conditions of Proposition 9, requiring that crime victims’ families be notified of an inmate’s release.

Mehserle has been trying to line up a job and a safe place to live with his wife and child, said Michael Rains, his attorney.

KCBS’ Holly Quan Reports:

“I think that will happen in short order. He certainly wants to be employed to earn income for his family,” Rains said.

Mehserle’s relatives said they were frustrated that the Department of Corrections has not given them a specific time when Mehserle will be freed.

Luis Patino, a spokesman for the corrections department, said it’s the department’s policy to withhold specific release information for inmates in order to protect “the safety of the public, staff members and inmates.”

Mehserle still faces several civil lawsuits filed by Grant’s family and friends.

The Grant family and supporters said they had planned several rallies and protests in Los Angeles and Oakland over the weekend ahead of Mehserle’s release.

One highly publicized demonstration was announced for the Fruitvale BART station at 3 p.m. Sunday, with a march following to the corner of 14th Street and Broadway in downtown Oakland.

Tensions ran high in the days following the shooting and last summer’s guilty verdict on a lesser-charge than murder, sparking riots and vandalism in downtown Oakland.

“People are hurting, and that’s understandable,” said Oakland Police Chief Anthony Batts. “As before, we’re asking people to do their first amendment right with care.”

Batts said the OPD was prepared should things get out of hand, but he was not expecting any major problems over the weekend or on Monday.

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

Comments (71)
  1. Gary Steele says:

    Miscarriage of justice continues. These leeches, who raised a thug, are now going to try to get a payday out of a law enforcement officer who was doing his job.

    1. markiemarko says:

      Leeches who raised a thug? He murdered a defenseless person who was secured face down on the ground. did you not see the videop or just colored blind when it comes to right and wrong?

      1. unknown says:


      2. sorry it happened says:

        Cops have no way of knowing who is defenseless or not — read the full story. This was a tragic, tragic, mistake, but it was not murder.

      3. markiemarko says:

        I read the full story and followed it since day one. i live 20 minutes driving distance from were it happened and watched it unfold everday from the incident to the final day in court since it was on local TV everyday. i watched the video several times. dont tell me to READ the story again since i practically “lived it” through local media…

      4. markiemarko says:

        yes Ive made mistakes and mistakes usually have reprecussions. The reprecussions or sentence did not meet the crime. he should have at least spent 2 full years in jail, and that minimum. the same with rodney king, his court case was moved to semi valley like this case was moved to LA from the bay area. same results, which is injustice…most of the time its black vs white when it comes to opinions. you dont murder someone just because he as a shady history or he might have caused some problems, especially since he was already secured face down on the ground with his hands behind him.

      5. CMMV says:

        markiemarko….you just don’t get it do you?
        it was not a murder nor a crime. it was a frickin mistake.
        get that into your pee you call a brain.

      6. oldfart says:

        Lets take all you Mehserle haters one step further. Oakland averages about 100 + killings a year. Where is your outrage to the 10 year old killed at piano class, or father of 3 mistaken of a gang member and shot point blank in the face. These innocent victims are not even worth a mention in any of your post and they were not accidental shooting, all the above were committed by repeat felony offenders , If you are really truly interested in obtaining justice start with the criminals who sell drugs, pimp, steal on a daily basis and kill innocent kids for the fun of it.

    2. markiemarko says:

      CMMV – pee i call a brain? I bet im more educated than your 4 word sentences that show no insight except insults. A mistake is forgetting a rule or accidentally running a red light. Not knowing the difference between a taser and a gun ( weight difference and shape difference he should have identified) is not you typical mistake. That excuse got his off scott free and serving minimal time. Consider that in your pea brain.

    3. Former Cop says:

      STFU if that was your son you would do the same thing. Thug or cop or whoever it is, if you mistakenly kill someone you need to be punished for it. Taking away someones life is not a joke. This cop needs to be put in jail for the rest of his life for taking away someone else’s life. He was doing his job, but he made a great “mistake” by pulling the trigger and killing a young man. This animal needs to be locked up, or else he’ll go kill another young man and cause hell again.

      1. tobadforyou says:

        Former Cop, you must have gotten fired, or just couldn’t cut it.

    4. oldfart says:

      the one who raised a thug are Oscar’s parents, Oscars parents should take most if not all the blame in their’s sons death. I raised what I believe to be to good kids who would never attempt much less think of resisting arrest. they have no past criminal records and their friends are not gang members. You can not sat the same about Oscar. I believe in the old saying what comes around goes around, the apple doesn’t fall far from the tree and importantly get your fact straight Mr. Steele, he wasn’t convicted of murder,

      1. markiemarko says:

        Not to make excuses for Oscars criminal record but who says his parents were involved in raising him? He may have been from a single parent household. Anyways, iit’s not Oscar’s criminal history that’s on debate here, it’s what happened to him while he was restrained and in custody by more than 1 cop.

    5. shush says:

      Umm, excuse me but didnt you follow the whole story? Officer Mehserle murderd these “leeches” family member. He went to prison as a murderer. Thug or not, Grant is DEAD and what the officer did was wrong. Two years of time (really only 1) is a spit in the face to the family. Money is what our government cares about so much so I say, hittem where it hurts. The OPD will get the money back. Trust me, its nothing to them.

  2. Jeanette says:

    Leeches no good law breakers,no respect for the law would love it if all cops and law enforcers of all kind would be jailed,I am proud of this statement.Jeanette from SanFrancisco

    1. Real American says:

      How can you respect the law when it was created against you in the first place? Not too long ago it was legal to lynch a black man. Not too long ago it was legal to murder Native Americans. Not too long ago there were laws in place discriminating against specific races. The laws of the present time have been shaped from the past laws, and there is still discrimination within them. Not every law is bad, but not every law is good either.

  3. J.green says:

    He has a cold beer and a handshake waiting for him at my house! Now que the “activist” who will wear grant mask and “I’m Oscar grant ” T-shirts whilst breaking into a shop and robbing it! Funny how his past life activities are carried out by his supporters… Just sayin

  4. Yowza! says:

    Roll out the red carpet and give the guy a medal, citizen of the year!

  5. 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..

    1. batteredbypd says:

      How do you know it was a mistake?? B/C he said so after he pulled the trigger???

  6. markiemarko says:

    how can you judge grant just because he had some issues with the law? he was a father to an infant child and a son to someone. You are a moron for thinking that way and probable a judgemental racist.

    1. CMMV says:

      markiemarko….i agree with Dan.

    2. markiemarko says:

      Yes, i know you would agree with him. And its “Pea brain” not Pee brain”…

    3. LG says:

      So was Osama bin Laden.

    4. markiemarko says:

      LG, comparing Bin Laden with Oscar Grant is going overboard. Grant never killed anyone or thousand of people as Bin Laden has. What’s next, comparing Grant with Hitler?

  7. Mark says:

    All of you jerks lining up blindly behind the killer cop would have made really good Nazis. In the USA you are innocent until proved guilty, not the other way around. You are also entitled to a jury trial, not summary execution on the spot for starting a fight. All of you should move to Iran given your beliefs about how the law should operate. You are horrible Americans.

    1. j.green says:

      There was a trial and a jury. Now a man is free…

      1. markiemarko says:

        True, but that doesnt mean justice was served correctly. people serve more time in jail for lesser crimes.. 11 months in jail is a slap in the face to Oscar Grants family and infant child who wont know his father. A Bart (wannabe cop) policeman who thought he was god…

      2. batteredbypd says:

        @j green..if you read correctly he was referring to Oscar Grant and the fact he was executed on the spot…Reading is fundamental!

    2. Caroline says:

      ROFLMAO, Innocent until proven guilty? How about all the looters who destroyed Oakland. Seems to me they found Meserle guilty before the trial. What hypocrisy. Meserle also deserved a trial, which he got. He was sentenced and served the percentage of time relative to the sentence given to the average offender. You may not like the sentence, I sure didn’t. I think he should have gotten a lot more. As far as being horrible Americans, we are all great Americans exercising our right to freedom of speech and expression even those who resort to childish name-calling.

      1. Mark says:

        You may THINK yourself a great American, but obviously you flunked civics class if you think JM killing OG on that platform for starting a fight on a BART train was a good and proper thing to do. I will not defend the looters, but they wouldn’t have been rioting if JM hadn’t skated.

    3. Oscargotwhathedeserved says:

      Mark, you are clueless, no doubt an obama sheep.

  8. justin says:

    I think its wrong he shouldve gotten way more time than just 2years! What a joke,Why is it law enforcement ,or wanna b’s ,get slaps on the wrist? While people like me get wronglly accused an famoly has to pay to prove my accusations for me to get free,even know all charges dropd,it still shows on my arrest record.. Shoot i got more time on my 1st charge of burgalry an I turned myself in.I still did a year. I cant stand that law enforcement people in the wrong all get slaps on wrist…. Its so unfair! I dont aggree on his release,i hope the best for Grants family&Son who will growup WITHOUT HIS DADDY!

  9. markiemarko says:

    Wow, you are one of those white trash, minority hating, judgemental racists who wait for instances like these to pour your heart out on how you actually feel on the internet. Go join the KKK, you jerk. No wonder racism is on the rise with people like you spouting out ignorant, jibberish opinions with no idea what kind of person Grant really was. he was a young kid who made mistakes, like alot of people have when they were young. You condemn him death for that? You are no worse than what you thing of grfant in your uneducated post.

    1. CMMV says:

      markiemarko….guys like you should be removed from this country.

      1. markiemarko says:

        why would you say that? I vote, pay taxes and served my country in the US navy for 4 years? what is your pathetic excuse for living hear?

      2. markiemarko says:

        living here

      3. CMMV says:

        markiemarko….i immigrated from another country to come live here. and i will not stand by and let you insult our judicial system and our law enforcement. yes, i am a true American….and I did not misspell pee, it’s for the urine in your head.

      4. markiemarko says:

        So you dont want me to insult out judicial system but you are quick to insult me in every post or reply towards me? Sounds like you are a hypocrite. It’s called freedom of speech, a right we have in this country that other countries dont have.

      5. Former Cop says:

        lmao markiemarko just played your ass. You need to be on silent mode now hahaha

      6. CMMV says:

        you can just kiss my a** sir. you can’t play me, i understand about freedom, that’s why i came to this country. it’s people like you and markiemarko that stink up this country.

  10. WASP says:

    Oscar Grant “did the right thing”….and died right there.

  11. jenh says:

    This officer has served enough time. He did us all a favor anyway.

  12. markiemarko says:

    You don’t want me to insult our judicial system, (what I call freedom of speech) but your quick to insult me in every post directed towards me. There is corruction and injustice in every judicial system here and in all countries. Just ask those corrupt cops in SF who are on trial. Oh the contradiction of your posts…

  13. Good Samaritan says:

    Even if it wasn’t murder, he took someones life away. Imagine if Oscar Grant shot and killed Mesherle, he would probably get the death sentence. This former cop does not deserve to be freed. If it was a mistake, he should be penalized for it. Many people make mistakes and are never let lose of them. He needs to serve his time, which should be his life. Justice needs to be served.

  14. markiemarko says:

    So let me get this straight…you don’t want me to insult OUR judicial system (what I call freedom of speech), BUT YOUR QUICK TO INSULT ME IN EACH OF YOUR POSTS DIRECTED TOWARDS ME? Oh, the hypocrisy of your. Go tell those corrupted cops in SF who are on trial about contradiction….

  15. G says:


    1. markiemarko says:

      Sure G spot. I assume you are a woman.

  16. markiemarko says:

    Football star Plaxicao Burress serves 2 years in prision for accidentally shooting himself in the leg in a public place, and this cop gets 11 months for shooting and killing a person while restrained? What’s the justice in that?

  17. markiemarko says:

    Paxico Buress served 2 years for accidentally shooting himself in the leg in a public place and this guy only gets 11 months for shooting and killing a person who was already restrained. It doesnt matter what is criminal record was in the past, thats an insult to the judicial system to me.

  18. Killer says:

    I guess this means I can kill someone and get out in 11 months!!!! =)

  19. markiemarko says:

    Plaxico Burress got 2 years for accidentally shooting himself in the leg in a public place. This cop gets 11 months for shooting and killing a restrained person. it doesnt matter what his prior criminal record was, to me that’s an insult to our judicial system.

  20. markiemarko says:

    I pick my bugers and eat them. Don’t ask dont tell!

  21. Lorenzo Thornberry says:

    Bottom line. Grant shouldn’t have been doing what he was doin
    and he should not have resisted arrest. The taser and gun should not have been on the same side of merserle’s body. When adrenaline and fear take over, there is no reason to anything.

    1. batteredbypd says:

      What was Grant doing??? Please tell! And when was he resisting arrest?? And how is it that Mehserle had the Taser in his had a few seconds prior to him killing Grant??

  22. G. says:


  23. Phillip Wilson says:

    It amazes me how ignorant some of the comments I’ve read are. “He did us a favor” “It wasn’t murder” These all sound ridiculous. I’m 20 years old and am hoping that you guys don’t really believe what you’re saying, because I surely don’t. Likening this to one of the countless other murders that happens on the streets of Oakland or anywhere for that matter doesn’t make any sense. Any other human that restrained and then shot someone would be serving some serious time for such an atrocious crime, 11 months would be NO WHERE NEAR the end of their sentence.

    All of you making Mehserle sound like a victim disgusts me. There is no just reason to shoot a man in handcuffs, I Have held a taser and a hand gun before, believe me when i say you CAN feel the difference adrenaline or not. This was a gross injustice and there is nothing anyone could tell me that would change my opinion.

    Mesherle remember, you can fool some people sometimes, but you can’t fool all of the people all the time.

  24. MACCAPONE says:


  25. Primetime Editorials says:

    he should never be let out of jail
    i dont like this
    GOD BLESS Oscar Grant

  26. Eugene says:

    In my opinon Mesherle commit a murder not a mistake because
    I know very well the engage rules,I spent two years in Afghanistan in Italian military police
    The suspect has been immobilized with his face on ground others Mesherle’s colleague checked if the suspect was armed
    and the last manoeuvre took suspect’arms on back and put the handcuff.

    when the handcuff is close the police team is in save, it’s clear that the suspect screams…normal !!!
    But if Mesherle is annoy and make a miskate he had used his fire gun instead the taser….

    Sorry he commit a murder bacause his life never was in danger !!

  27. markiemarko says:

    CMMC,I’m sorry I’m such an ass,my mother dropped me in a dumpster when I was 5 and from then on I was a street kid,but now I’m driving around the hood in my Caddy with my 20″ rims blaring rap music out and Former Cop is riding shotgun playing this his sack of dope…that’s why he’s a “former co”p…..feel me?

  28. tobadforoscar says:

    Oscar Grant was a POS. The officer never should have been sent to jail for an accident. Now Grant’s family will be fighting over the free money from the civil lawsuit……to bad Oscar’s daddy is going to be in prison and won’t be able to share the wealth. Best thing Oscar ever did, got shot and made his welfare collecting mama rich.

    1. batteredbypd says:

      1st off, ‘too’ bad you can’t spell.Secondly, your ignorant *** should be taken out ‘accidentally.’ That’d do us all a favor from having to read ignorant comments as such!

      Do you know anything about Grant’s mother other than what your racist *** ASSumes? BTW I love posters like you, who hide behind their computer screen talking like Billy Bad Ass….smh…that must get your rocks off!

      1. SSSShush says:

        @ batteredbypd This is the only way tobadforoscar can voice his silly childish thoughts. If he were to speak them in public, most likely he would get his nuts handed to him… he might even be murdered for fighting.

      2. batteredbypd says:

        @SSSShush You are absolutely CORRECT!

  29. katie says:

    Markiemarko is getting too much attention. The officer didn’t commit a crime and was wrongly convicted. I am encouraged by the number of comments which acknowledge this fact. Maybe Californians aren’t all ridiculously liberal in every way. I can only hope.

    1. batteredbypd says:

      @Katie So if someone ‘accidentally’ killed someone in your family, you wouldn’t see i as a crime??? You’d just suck it up as a loss huh? YEAH RIGHT!!

  30. Ima Justsayin' says:

    Funny how all the cop-haters & thug-huggers never have a problem with the premise of “Time Served” (= reducing prison time to be served after a conviction by an amount of time the felon had been imprisoned during the trial) when it applies to a buddy or a relative of theirs.

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