BART cop Johannes Mehserle may rely on the “taser confusion” defense in Oscar Grant killing

1/09/2009 • Daily Newscaster

For several days sources inside BART have leaked information that veteran officer Johannes Mehserle is organizing a defense around the idea that he meant to unholster his taser but mistakenly reached for his Glock 40 cal. instead.

1 Comments in Response to BART cop Johannes Mehserle may rely on the “taser confusion” defense in Oscar Grant killing

Comment by foundZero

Entered on: 1/9/2009 12:17:38 PM

Wait, the problem is caused by "objects that are similar in appearance, location, or function"?

The defense LEOs made to carry Tasers in the first place is TRAINING will prevent misuse. And in truth, TRAINING should have prevented this.

1. They aren't really similar in appearence but more importantly, they don't feel ANYTHING like the same in your hand. The weight of the weapon is totally different. TRAINING should have immediately sent a tactile message to the officer if not a visual one. This alone should have triggered an appropriate training response.

2. Location. All cops I know or have seen wear the Taser in a different location on the duty belt for this reason. Again, TRAINING ISSUE.

3. Function. This contradicts the philosophy of "force continuum". In other words, in one assumes that all weapons carried by police have only one function, to kill, this is valid. But we don't (publicly) consider officers to only use lethal force every time, we expect them to use appropriate force. This is either a TRAINING issue or a SCREENING issue as WE DON'T WANT HOMICIDAL COPS.

And investigators haven't interviewed the cop yet? Do you think you would be on paid leave if you just shot someone?

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