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OFFICER ACCUSED OF SHOOTING UNARMED MAN; EXPERT TESTIMONY FOCUSES ON POLICE FIREARM PROCEDURE

By Walin & Klarich

The current trial of a white transit officer accused of killing an unarmed black man recently focused on the officer?s accidental discharge of a firearm instead of a Taser. Officer Johannes Mehserle, 28, shot Oscar Grant on January 1, 2009, in Oakland. Mehserle stated that he intended to subdue Grant with a Taser, but accidentally drew and fired his .40 caliber handgun instead. According to expert testimony, police officers are trained to follow a certain procedure in drawing and holding their firearm. They are also cautioned to take note of their surroundings in determining whether to fire. An expert testified that Mehserle would have had to push down and forward on a holster, then pull back a lever to fire the weapon. In a criminal case, expert testimony is crucial to interpreting facts that are not commonly known to lay people...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 18, 2010 (boomark / email).