Posted: 4:12 pm PDT July 14, 2010
Updated: 4:29 pm PDT July 14, 2010
LOS ANGELES -- The sentencing date for former BART police officer Johannes Mehserle has been moved from its originally scheduled date of August 6 to Friday, November 5, according to a media advisory issued Wednesday afternoon by the Los Angeles Superior Court.
Mehserle was convicted last Thursday of involuntary manslaughter for the fatal shooting of Oscar Grant at the Fruitvale BART station in Oakland early New Year's Day in 2009.The case is now on calendar for Friday, Nov. 5, 2010, at 8:30 a.m. for motions and sentencing.Los Angeles Superior Court Judge Robert Perry has a tremendous amount of discretion in handing down punishment Aug. 6 against Johannes Mehserle anywhere from probation to 14 years.There's also the possibility he could get probation for time served.Involuntary manslaughter carries a sentence of two to four years, but since jurors found guilty on an extra gun charge, three to ten years could be added to the sentence.Legal scholars put an interesting spin on the verdict saying
it is illogical to punish a cop for having a gun when have one is part of the job.They add jurors are punishing Mehserle for firing it, when their own verdict says he didn't mean to."If they thing he didn't realize that it was a gun, she they have said he personally used a firearm," said Stanford University law professor Robert Weisberg, "and in any event, does any of that make sense, when of course a police officer carries a firearm."Experts noted that without the gun enhancement, it is possible Mehserle could receive probation. If the judge opted to toss the enhancement out, that would seem to revoke his own instructions, and rebuke the jury, plus invite legal appeals.KTVU was told it is like Mehserle will receive concurrent sentences."He'll be smart enough to realize the questions about gun enhancement are going to cause problems at appeal," said Santa Clara University law professor Edward Steinman, "so he'll say forget that, I'm giving him three years on involuntary manslaughter, and three years on the gun enhancement, to be served concurrently. more at link:
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