Prosecutor: Former Calif. transit officer intentionally killed unarmed black man on platform

Prosecutor: Officer lost control in train shooting

LOS ANGELES — A former San Francisco Bay area transit officer should be convicted of murder because he lost control and intentionally shot an unarmed black man on a train platform, a prosecutor told jurors Thursday.

Alameda County Deputy District Attorney David Stein gave an impassioned two-hour closing argument, saying the actions of defendant Johannes Mehserle on New Year’s Day 2009 don’t jibe with his contention that he mistakenly pulled his handgun instead of his Taser stun gun.

“The defendant’s desire to punish, to belittle, and to mistreat Oscar Grant not only resulted in chaos, distrust and disorder, it resulted in the death of an innocent person,” Stein said. “For that he must be held liable.”

Stein said Mehserle let his emotions get the better of him when he arrived on the platform and saw a raucous crowd watching other officers detain Grant and his friends after a report of a fight.

“He lost all control,” Stein told the jury. “That’s why you are here.”

Mehserle, 28, pleaded not guilty to murdering Grant, 22, and resigned from the Bay Area Rapid Transit police force after the shooting that was videotaped by bystanders.

His trial was moved from Alameda County to Los Angeles because of excessive media coverage and racial tensions that boiled over into violence in Oakland.

Mehserle is white and Grant was black. Another officer was heard on video uttering a slur before the shooting, but no evidence was presented during the trial that Mehserle’s actions were influenced by prejudice.

Defense attorney Michael Rains — animated at times with his voice booming in the packed courtroom — said Mehserle should be acquitted, and jurors should not convict him as payback for a shooting that the lawyer called a tragic accident.

“It’s not a forum to address or redress social injustice or racial injustice,” Rains told jurors. “That’s not your duty.”

Rains will continue his closing argument Friday, with the jury then deciding if Mehserle should be acquitted or found guilty of second-degree murder or a lesser offenses of voluntary or involuntary manslaughter.

Oakland city officials were on edge preparing for any possible violence that might follow a verdict. Police erected a command staging area by the Port of Oakland after receiving crowd control training and were working 12-hour shifts.

Several downtown businesses boarded up their storefronts. A group of activists said they would hold a rally on the night of the verdict outside City Hall.

In court Thursday, Stein methodically went through his case, posing three questions to jurors: did Grant resist arrest just prior to being shot; did Mehserle believe Grant was going for a gun; and did the defendant intend to pull his gun?

A dozen people, some aboard the train, said they didn’t see Grant resist arrest, Stein said. Some said they saw another officer, Tony Pirone, strike Grant, the prosecutor added.

Pirone, who has been described by some onlookers as being aggressive toward Grant and his friends, was fired from the transit agency in April. He is appealing the decision and doesn’t face criminal charges.

Pirone testified during the trial that Mehserle told him he thought Grant was going for a gun.

“What that means is the act (Mehserle) just committed was intentional,” Stein said. “He was trying to justify it.”

Rains, however, said his client told Pirone moments before the shooting: “Tony, Tony, Tony, I can’t get his hands. I’m going to tase him.”

Stein told jurors it would take four specific movements for Mehserle to draw his .40-caliber handgun from his holster, including releasing a safety lever.

Mehserle’s stun gun was mounted on his front left side, while his handgun was on his right.

“It can never be lawful to shoot an unarmed man when that man is being held face down and in the process of attempting to place his arms behind his back,” Stein said.

In his closing argument, Rains sought to place partial blame on Grant for allegedly trying to hit Pirone and on Grant’s friend for attempting to strike Mehserle. The lawyer also cited a purported lack of training received by Mehserle from the transit agency to prevent weapon confusion.

Rains also said prosecutors were trying to “smear” Mehserle because of Pirone’s questionable behavior. He saved his sharpest words for Stein, claiming the prosecutor has selectively given jurors evidence that doesn’t tell the whole story.

“You haven’t been told the truth,” Rains said to jurors. “We haven’t been told the truth.”

In another development, California lawmakers approved a plan to increase oversight of officers who work for the area transit system by allowing its board to hire an independent auditor to investigate complaints.

The bill now goes to Gov. Arnold Schwarzenegger for consideration.

AP Writer Terry Collins in San Francisco contributed to this report