I Hate to Say It

I think the Mehserle verdict was fair.  Let's break it down.

Involuntary manslaughter is the unlawful killing of another human being, without malice or intent.  You're still guilty of a crime--a felony, no less--and you'll still be punished.


Voluntary manslaughter is the intentional killing of another, without malice.  It's usually done when there's an imperfect defense, like self-defense (but he still shouldn't have killed him).

Murder is the intentional killing of another, with malice.

Mehserle didn't mean to kill Grant.  That's been pretty well established and I believe it.  He was a rookie cop, brand new on the Force, poorly equipped and poorly trained.  He made a stupid, and now he's going to pay for it.

I'll say this, though: I'm glad he was convicted.  Sure, it was a mistake, but when you're a cop you don't get to make that mistake.  We give you a badge and a gun and trust you not to shoot unarmed people in the back.  It also seems to me that maybe there should be a harsher penalty, given the trust we put in these people.  That being said, he's going to do up to 14 years as a cop in an overcrowded state prison, and he'll never work in law enforcement again.  He's younger than me and he's already ruined his career.  Sure, that's a small consolation to Grant's family, but it's not like Mehserle is getting off scot-free.

Of course, let's also remember that Grant was trying to hurt people.  On Muni.  And then he resisted arrest.  Sure, he didn't deserve to die.  May not have even deserved to be tasered (he was already subdued and the situation was well under control).  But he wasn't exactly an innocent black man walking down the street minding his own business.

That being said, I don't blame the black community for protesting.  This is democracy, and Mehserle was tried by a jury of his peers.  If the community doesn't like the verdict, they have a right to express it.  I thought it was odd that the mayor was praising the people of Oakland for being peaceful while stores were burning, but now it makes sense.  However, sounds like the vast majority of the community stayed respectful and peaceful, and most of the violent rioting was done by outsiders who were just looking for an excuse.  I have trouble seeing this as a real issue of racism when the chief of police and mayor are black too.

I also want to praise Grant's family for advocating peace.  I know what it's like to lose a loved one.  It hurts.  It takes a lot of strength to rise above the anger.  Somehow this trial has left a bitter taste in everyone's mouths, and yet it's hard to think of an outcome that would have been better.