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.

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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.

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Mehserle claimed that he mistook his gun for a taser.

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

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