Cop only gets two years for killing unarmed man

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theeedude

Lifer
Feb 5, 2006
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It may be an accident, but if a civilian resulted in accidental death of a cop, he would not be out in 2 years, if ever.
 

KlokWyze

Diamond Member
Sep 7, 2006
4,451
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81
www.dogsonacid.com
Can you imagine if there was no camera? This cop would be home free. Who would believe civilians over a police officer? No wonder cops are advocating laws that prevent people from filming their activities : Disgust

Pretty much.

It sucks because I respect law enforcement. They are an indispensable and necessary part of local and national government. It's that there's an attitude, a sense of entitlement that they have and then the courts give it to them. Absolutely hypocritical. It's funny that the right so staunchly support this and it's really the definition of anti-american.

Makes no sense logically.

Makes perfect sense politically.
 

JD50

Lifer
Sep 4, 2005
11,925
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No. I think he was reckless and negligent. And 2 years is too light.

Wait, that doesn't make sense. You claim that he knew that he had a gun in his hand and not a tazer. So if he knew that he had a gun in his hand, are you contending that he didn't mean to pull the trigger?
 

JD50

Lifer
Sep 4, 2005
11,925
2,908
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It's easy to believe in the heat of the moment, an officer could pull the wrong weapon even if it is very different in weight, and not realize it.

He's thinking about all kinds of things, whether the force is justified, the behavior of the suspect, what's going on around with other police and the crowd and suspects.

Very reasonable post Craig.
 

Aegeon

Golden Member
Nov 2, 2004
1,809
125
106
Can you imagine if there was no camera? This cop would be home free. Who would believe civilians over a police officer? No wonder cops are advocating laws that prevent people from filming their activities : Disgust
In this case even that claim is quite questionable.

There would have been a large number of civilian witnesses, it would not simply have been the word of a couple versus the cops. (My understanding is there were also some reasonably uninvolved witnesses who saw the shooting.) Its also not clear at all that the other officers would actually be willing to lie in court. Their reaction clearly was one of shock about what the officer had just done.

Because there seems to be confusion on this point, the cop in question resigned shortly after this incident when pressed to immediately attend a police interview of him. He's definitely not going to be employable as a police officer in the future. (If nothing else the public outrage direct at any department hiring him and the likelihood of the department getting heck sued out of them if the cop is involved is involved in another shooting even if completely justified next time ensures he won't be hired by anyone.) In fact, with this felony on his record he's going to have some difficulties finding another job period.
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
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Another good one showing law does not apply to some the same


EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.
........

Milo, 34, is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.

Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.

“He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”

http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
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What is totally irionic Zebo is that if this was you that made this mistake,
you would be crying all over the internet...oh whoa is me....I going to serve two year....for a stinking mistaKe!!

You would not even think of calling the judge and say -- your honor two years is not long enough!! I need to be taught a lesson so others in law enforcement will not make the same mistake......hahahaaaa
 

dali71

Golden Member
Oct 1, 2003
1,117
21
81
With regards to your statement about cops getting off light: yes they do. Of course, it's for rather obvious reasons. First, most of them don't have a criminal record. Second, they put their lives in harm's way nearly every day for you and me. In that situation, extra leeway is afforded. It's rather understandable. They deal with the worst-of-the-worst of the population, constantly. Rapists, drug users, murders, child abusers, child molesters.....

We, as society, expect the impossible from them. They are to remain morally incorruptable, upbeat, and polite. They are to never make an error. Even moreso, they are expected to make split-second decisions on a daily basis that can cost them their lives. ALL this is done under the constant spector of video-cameras, cellphone cameras, and more than their fair share of people just waiting to get famous for catching them not being perfect on video.

Essentially, we expect them to be perfect. I am neither shocked nor surprised when one of them turns out to be human.

So, if they end up getting off "light" as you put it, with just a slap on the wrist, I'm not going to go stage a protest march at the first hint of it. A repeat offender surely deserves the extra attention. An honest cop that got unlucky, had an accident, or made a bad decision doesn't deserve this type of baloney though.

Well said :thumbsup:
 

JD50

Lifer
Sep 4, 2005
11,925
2,908
136
Wait, that doesn't make sense. You claim that he knew that he had a gun in his hand and not a tazer. So if he knew that he had a gun in his hand, are you contending that he didn't mean to pull the trigger?

Zebo?
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
An unruly man is what other people call a criminal. People with violent intentions deserve what they get.
 

Patranus

Diamond Member
Apr 15, 2007
9,280
0
0
A more accurate title would be.....

Cop only gets two years for killing unarmed man while unarmed man was resisting arrest after being arrested for their 3rd strike while being drunk and high in violation of their parole stemming from a brawling on a BART train putting civilized rides safety at risk.
 

Zargon

Lifer
Nov 3, 2009
12,218
2
76
lol Zebo, tasers are made to handle JUST LIKE GUNS so there is almost zero learning gap between firing a gun and tazer

some bitch ran over 2 motorcycles and killed one of them because she was putting on eyeliner here in IL and got zero jail time.

2 years sounds like MORE than enough comparatively...
 

Craig234

Lifer
May 1, 2006
38,548
350
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An unruly man is what other people call a criminal. People with violent intentions deserve what they get.

So, the 99.9% of the time police get people with violent intentions into custody without shooting them, it's ok to shoot them instead, they 'deserve what they get'.
 

IBMer

Golden Member
Jul 7, 2000
1,137
0
76
Can you imagine if there was no camera? This cop would be home free. Who would believe civilians over a police officer? No wonder cops are advocating laws that prevent people from filming their activities : Disgust

Actually I think it would have gone the other way had it not been filmed. I saw the video if this is the same one that I remember seeing a while back. There was obvious surprise on the cops face when it happened. If anything a taser should not have a pistol like grip so things like this don't happen.

Has anyone who isn't constantly in fights ever been in a fight? Your brain shuts down and you start going by instinct. It’s very easy to misjudge things when adrenaline is pumping. If the grip and trigger for a taser was vastly different from a gun like they used to be I doubt this would have happened.
 

dank69

Lifer
Oct 6, 2009
37,530
33,254
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ROFL, if you can't tell the difference between a taser and a gun, you lack the basic skills required to be a cop.
 

dguy6789

Diamond Member
Dec 9, 2002
8,558
3
76
Cop shouldn't be punished at all. Just write it off, shit happens. The guy shouldn't have been doing something that had the cops called on him in the first place.
 

BeauJangles

Lifer
Aug 26, 2001
13,941
1
0
ROFL, if you can't tell the difference between a taser and a gun, you lack the basic skills required to be a cop.

I guess in your world if you're able to make a mistake, you lack the basic skills required to be a cop.

The loss of life in this situation is a tragedy. There is no disputing that.

Is it really that surprising though that, at some point, police officers make mistakes? Think about how many times you do something stupid on the job, like send an email to the wrong person, forget to order something, or make a calculation mistake.

I know I make mistakes. The difference is that my decision-making and my mistakes aren't split second and don't involve the potential to kill someone.

Under stressful situations people develop tunnel vision. You see only what is in front of you and the last thing that the officer, or anyone else, would be thinking about is the weight or feel of what he was grabbing.

The fact that, over their career, police officers handle these situations thousands of times without a mistake is already a testament to the training they receive. The fact that they make mistakes is human. Nobody is perfect.

And, yes, the situation IS different when a police officer is involved versus a civilian. As an armed civilian, no matter how well trained you are, you do not use your weapon with regularity in the same way police do. They are more prone to mistakes because they are in these situations all the time.

So, it is a terrible tragedy that someone lost their life. The officer is paying, IMO, the appropriate price.
 

dank69

Lifer
Oct 6, 2009
37,530
33,254
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I guess in your world if you're able to make a mistake, you lack the basic skills required to be a cop.

The loss of life in this situation is a tragedy. There is no disputing that.

Is it really that surprising though that, at some point, police officers make mistakes? Think about how many times you do something stupid on the job, like send an email to the wrong person, forget to order something, or make a calculation mistake.

I know I make mistakes. The difference is that my decision-making and my mistakes aren't split second and don't involve the potential to kill someone.

Under stressful situations people develop tunnel vision. You see only what is in front of you and the last thing that the officer, or anyone else, would be thinking about is the weight or feel of what he was grabbing.

The fact that, over their career, police officers handle these situations thousands of times without a mistake is already a testament to the training they receive. The fact that they make mistakes is human. Nobody is perfect.

And, yes, the situation IS different when a police officer is involved versus a civilian. As an armed civilian, no matter how well trained you are, you do not use your weapon with regularity in the same way police do. They are more prone to mistakes because they are in these situations all the time.

So, it is a terrible tragedy that someone lost their life. The officer is paying, IMO, the appropriate price.
That is not A mistake. That is multiple mistakes.

1) Grab wrong weapon. How does a cop not know exactly where all his tools are? What if someone pulled a gun on him and he accidentally grabbed his taser instead of his gun?

2) Not immediately know, just from the feel of the weapon, that he was holding a gun instead of a taser. How many hours of weapon training do these officers go through? Clearly this guy did not have enough weapon training if he can't tell the difference between the way a gun feels and the way a taser feels.

3) Not immediately know, just from the look of the weapon directly in front of his face, that it was a gun and not a taser. Come on man really? that isn't a mistake. That is fucked up. Aren't these cops put through combat simulation training at all?
 

Zargon

Lifer
Nov 3, 2009
12,218
2
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ROFL, if you can't tell the difference between a taser and a gun, you lack the basic skills required to be a cop.

ROFL

I've held my fair share of handguns and tasers.

the only realy difference is one zaps and one goes bang

That is not A mistake. That is multiple mistakes.

1) Grab wrong weapon. How does a cop not know exactly where all his tools are? What if someone pulled a gun on him and he accidentally grabbed his taser instead of his gun?

2) Not immediately know, just from the feel of the weapon, that he was holding a gun instead of a taser. How many hours of weapon training do these officers go through? Clearly this guy did not have enough weapon training if he can't tell the difference between the way a gun feels and the way a taser feels.

3) Not immediately know, just from the look of the weapon directly in front of his face, that it was a gun and not a taser. Come on man really? that isn't a mistake. That is fucked up. Aren't these cops put through combat simulation training at all?


1. most go on the hip right next to the sidearm. beyond that, heat of the moment, he grabs his gun way more, and instinct kicks in and he pulls the gun instead.

2. How doesnt one semi balance plastic handle feel different than another when then have almost the same shape?


3. combat sim training? LOLOLOLOLOL yeah right dude.

everyone is broke, especially a place like Oakland.

the depts around me have about an hour a month of mandatory range time.
 
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Craig234

Lifer
May 1, 2006
38,548
350
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That is not A mistake. That is multiple mistakes.

1) Grab wrong weapon. How does a cop not know exactly where all his tools are? What if someone pulled a gun on him and he accidentally grabbed his taser instead of his gun?

IIRC, the tazers had been relatively recently introduced, and he was carrying both. Easy for someone to grab the wrong one - remember, thousands of grabs, one mistake.

2) Not immediately know, just from the feel of the weapon, that he was holding a gun instead of a taser. How many hours of weapon training do these officers go through? Clearly this guy did not have enough weapon training if he can't tell the difference between the way a gun feels and the way a taser feels.

Once his brain had given the instruction, 'get the tazer and taze this guy', it's easy in a flash to carry out that instruction without the unexpected difference in weight being noticed in time. Heck, I've gone up to the wrong car in parking lots and tried the door once or twice, until paying more attention, because the wrong car had some vague similarity, and I wasn't paying that close of attention - like a cop with a situation who isn't expecting he grabbed the wrong weapon might not recognize the weight difference in a flash.

3) Not immediately know, just from the look of the weapon directly in front of his face, that it was a gun and not a taser. Come on man really? that isn't a mistake. That is fucked up. Aren't these cops put through combat simulation training at all?

These *cars* were 'right in front of my face' as I walked up, and tried the door. Easy to tell the difference when you're looking for the difference.

The cop had plenty he was worrying about already.

Sorry, but while negligent, it's a very believable mistake - and the idea he was choosing to recognize he'd pulled his gun and not the tazer and shoot anyway makes zero sense.

He'd know the shooting would risk killing him and at least injure, and that he'd immediately be discovered to have used his gun in front of many witnesses wrongly, against a suspect who was not a threat justifying deadly force to him on the ground. He had no reason, and every reason to expect he'd be in big trouble. This wasn't an attempt to do something illegal - plant drugs, stage a shooting - and get away with it. It wasn't a case with any motive we can see for him to kill. Common sense.
 

dank69

Lifer
Oct 6, 2009
37,530
33,254
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ROFL

I've held my fair share of handguns and tasers.

the only realy difference is one zaps and one goes bang




1. most go on the hip right next to the sidearm. beyond that, heat of the moment, he grabs his gun way more, and instinct kicks in and he pulls the gun instead.

2. How doesnt one semi balance plastic handle feel different than another when then have almost the same shape?


3. combat sim training? LOLOLOLOLOL yeah right dude.

everyone is broke, especially a place like Oakland.

the depts around me have about an hour a month of mandatory range time.

IIRC, the tazers had been relatively recently introduced, and he was carrying both. Easy for someone to grab the wrong one - remember, thousands of grabs, one mistake.



Once his brain had given the instruction, 'get the tazer and taze this guy', it's easy in a flash to carry out that instruction without the unexpected difference in weight being noticed in time. Heck, I've gone up to the wrong car in parking lots and tried the door once or twice, until paying more attention, because the wrong car had some vague similarity, and I wasn't paying that close of attention - like a cop with a situation who isn't expecting he grabbed the wrong weapon might not recognize the weight difference in a flash.



These *cars* were 'right in front of my face' as I walked up, and tried the door. Easy to tell the difference when you're looking for the difference.

The cop had plenty he was worrying about already.

Sorry, but while negligent, it's a very believable mistake - and the idea he was choosing to recognize he'd pulled his gun and not the tazer and shoot anyway makes zero sense.

He'd know the shooting would risk killing him and at least injure, and that he'd immediately be discovered to have used his gun in front of many witnesses wrongly, against a suspect who was not a threat justifying deadly force to him on the ground. He had no reason, and every reason to expect he'd be in big trouble. This wasn't an attempt to do something illegal - plant drugs, stage a shooting - and get away with it. It wasn't a case with any motive we can see for him to kill. Common sense.
I'm sorry guys, but I just don't think that someone who can't tell the difference between a taser and a gun in the heat of the moment should be a cop. This guy was flat out unqualified. I am not arguing for or against the sentence.
 

Zargon

Lifer
Nov 3, 2009
12,218
2
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I'm sorry guys, but I just don't think that someone who can't tell the difference between a taser and a gun in the heat of the moment should be a cop. This guy was flat out unqualified. I am not arguing for or against the sentence.

then 95% of the people on earth arent qualified

or you are talking out of your ass, and have zero experience


likely, the correct answer is both...

have you ever held a polymer handgun?

how about a taser?
 

dank69

Lifer
Oct 6, 2009
37,530
33,254
136
then 95% of the people on earth arent qualified

or you are talking out of your ass, and have zero experience


likely, the correct answer is both...

have you ever held a polymer handgun?

how about a taser?
Are you trying to tell me they weigh the same? Are they balanced the same? Please...
 
Feb 10, 2000
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I have handled police excessive force cases on both the plaintiff's side (we got the largest punitive damages award against a police officer in state history) and the defendants' side (I've been lucky enough to get them all dismissed on summary judgment based on official immunity).

As far as I can see, this seems like a totally appropriate outcome in this case. It does not appear to me that Mehserle acted intentionally at all - the video reflects that this was a pure accident. That said, someone died at the hands of a police officer. The victim was no saint but he did not deserve to die for his misdeeds. To me a conviction for involuntary manslaughter and 2 years in prison is a fair sanction for what occurred.