New Year's Eve should be a good day for joy and celebration. In the West, New Year's Eve is a particularly important day. It is a day to spend with those closest to you. Living in Hayward, California, the twenty-two-year-old African American Oscar Julius Grant III (Oscar Julius Grant Ⅲ), like all other Americans, shared a few Friends celebrated the 2009 New Year’s Eve party in San Francisco.
The only difference is that he will never celebrate any New Year parties in the future, because he has walked his 22-year life path just a few hours after the beginning of the new year. Oscar Grant was born on February 27, 1986 in Hayward, California. He worked in the fresh meat department of a supermarket in Oakland, California.
Oscar Grant has a criminal record of numerous criminal convictions. From April 12, 2004 to May 8, 2008, he has committed twelve criminal cases, including robbery, theft, drug trafficking, drug abuse, fighting, and illegal possession Illegal activities such as lethal weapons are frequent visitors in California prisons.
In 2007, Oscar Grant was sentenced to 16 months in prison by a California court for illegally possessing a loaded pistol when he was blocked by the San Leandro police at a traffic light When he threw his weapon into the air and ran wildly, the San Leandro police shot him down with a Taser from behind and arrested him.
Oscar Grant was released from prison on September 23, 2008. These backgrounds are not directly related to Oscar Grant's death. When the tragedy happened, no law enforcement police knew him, and no one knew who he was.
At two o'clock in the morning on the New Year's Day in 2009, someone used a cell phone to drive from San Francisco to Fortville Station on the Metro (Fruitville Bay Area Rapid Transit Station) to call the police, saying that more than a dozen black people were cursing each other in the car, preparing to fight in groups. , It seems that something big will happen.
A large number of Bay Area Express police immediately rushed to Fordville Station. When the subway stopped, the Bay Area Express police gathered suspects including Oscar Grant on the platform of Fordville Station, waiting to be dealt with.
Oscar Grant and several troublemakers took advantage of the inattention of the Bay Area Express police and slipped back into the subway car. This was discovered by Bay Area Express Police Officer Tony Pirone, who rushed into the subway. In the carriage, two suspects of trouble were pulled out by force. Oscar Grant saw this and walked back to the platform automatically before the Bay Area Express police came to pick him up. Tony Pirone handcuffed two suspects of trouble, and then loudly ordered several others to sit face-to-face against the wall.
At this time, five Bay Area Express police officers, including Officer Johannes Sebastian Mehserle, arrived, and they immediately felt that things were chaotic and more serious than they thought. Tony Pirone saw his colleague coming, and ordered Johannes Mechschler to arrest Oscar Grant and another suspect who was not yet handcuffed. Oscar Grant heard that he was about to be arrested, so he stood up, and the scene began to become more chaotic.
Tony Pirone and Johannes Mechschler immediately held Oscar Grant, punched him in the face twice, and then pressed his face to the cold concrete floor, Tony Pi Ronnie put his knees against his neck, making him unable to move, holding the handcuffs in one hand, grabbing Oscar Grant's moving hands in the other, and cursing at the same time: "You fucking nigger bitch ass! (Bitch) -ass nigger!)"
Johannes Mechschler’s emotions were agitated and unstable. Before he came to the scene of the incident, he had just dealt with an incident of an African-American underage youth armed with a gun at the front station of the subway. The teenager was trying to escape the police. In pursuit, he jumped into the subway track suddenly, and was broken several ribs.
Johannes Mechschler, who was born in Germany and immigrated to the United States with his parents at the age of four, came to the scene with this sentiment. When he saw that Tony Pirone couldn't subdue Oscar Grant, he was furious. He stood up suddenly and yelled: 〝Tony! Tony! Stand up! Back! Back! I want to use Taser. Shoot him!"
Johannes Mechschler, who is six feet five inches tall and weighs 250 pounds, stood straight there, condescendingly, unbuttoned the holster with his left hand, and took out the semi-automatic Sauer police gun (SIG Sauer P226) , Holding a gun in both hands, a shot at Oscar Grant’s back! The
bullet passed through Oscar Grant’s abdomen, hit the hard concrete floor, and bounced back to Oscar Grant’s lungs, shooting through his lung lobes. A big hole! After
Oscar Grant was shot, the blood was bleeding all over the floor, he touched his belly with his hand, and screamed: "You shoot me! You shoot me! I have a four-year-old daughter!" Fainted.
After working as a police officer for only two years, Johannes Mechschler, after he had shot Oscar Grant, was so shocked that he was shocked and turned pale. He held his head in his hands and yelled: 〝My My God! My God! "
The day after he shot and killed someone else's son, Johannes Mechschler's girlfriend gave him a healthy and lovely son.
Oscar Grant was taken to the nearby Highland Hosipital by an ambulance on September 11, and died seven hours later.
With the video evidence of more than four mobile phones at the scene, Johannes Mechschler's troubles began. He immediately tested the blood in accordance with the administrative regulations of the police department and concluded that there was no alcohol or drugs. He invoked California’s Public Safety Officer Bill of Right Act and Article 5 of the U.S. Federal Constitution The Amendment has the right not to self-incriminate and refuse to cooperate with the police authorities.
The Internal Investigation Department of the Oakland Police Department informed him that he attended the hearing and investigation meeting on January 7, 2009. Johannes Mechschler was not present and submitted a letter of resignation through his criminal defense lawyer, Michael Rains.
Since the video of Johannes Mechschler shooting and killing Oscar Grant has been circulating on the Internet and on radio, his parents and family have received multiple life threats, and the family has to leave California and move. Move to the safer city of Zephyr Cove (Nevada) for temporary residence.
District Attorney Tom Orloff (Alameda County, California) prosecuted Johannes Mechler on January 12, 2009 for "felonies of murder," but the indictment The above did not specify whether it was a first-degree or second-degree murder, which provided room for mediation in the case.
Judge Morris Jacobson of the Supreme Court of Ilameda County, California immediately issued a fugitive arrest warrant for Johannes Mechschler. The next day, Johannes Mechsler was arrested by the Nevada Interpol at his friend's house in Zephyr Bay, Nevada.
Knowing that the calamity is inevitable, Johannes Mechschler voluntarily waived the complicated judicial process of intercontinental extradition and returned to California, where he was detained in the Santa Rita Jail, Dublin, California, and waited for his visit. .
Johannes Mechschler refused to plead guilty in the trial court of the Supreme Court of Ilameda County, California, on January 15, 2009. On January 30, 2009, Judge Morris Jacobson of the Supreme Court of Ilameda County, California ruled that Johannes Mechschler’s bail was three million U.S. dollars. The California Police Union (California Police Union) used the funds to release Johannes Mechschler on bail, which can temporarily save him from prison.
In the seven days of the trial court for the first time, the development of the case was very unfavorable to Johannes Mechschler. His lawyer Michael Raines strongly argued that his client was in a state of extreme mental stress. His original intention was to shoot Oscar Grant with a Taser, but he pulled the wrong police gun and caused this. A tragedy of death.
In his preliminary conclusion, the presiding judge, Judge Don Clay, held that Johannes Mechschler must face a trial for murder, which could lead to life imprisonment, on the grounds that he deliberately shot with a police gun. Kill Oscar Grant.
The evidence is that the videotape at the scene shows that Johannes Mechschler was shooting Oscar Grant with a gun in both hands. According to the California police training procedure, this is exactly the standard posture and method of using the Shaw police gun. The standard posture and method of the Taser is one-handed.
More important is the weight of the two weapons. Taser is only seven ounces (oz), while the weight of the Shaw police gun is 30.6 ounces. From weight to size, from the way the gun is held and the shooting Judging from the posture, there is no similarity between the two, so there is no possibility of mixing or drawing weapons by mistake.
The influence of the Internet in this criminal case is astonishing. Since Johannes Mechschler shot Oscar Grant’s video tapes on the Internet, more than half a million within four days. Downloads, and then spread to all parts of the world at a rate of one thousand visitors per hour.
On January 8, 2009, the newly appointed Board of Directors of the Bay Area Express Metro issued a statement formally apologizing to Oscar Grant’s family. However, the submission to the court stated that this was "an unexpected tragedy." Johannes Mechschler's actions were "legal self-defense", because if he did not shoot, he would face immediacy. His life is in danger.
The Board of Directors of the Bay Area Express Metro also commissioned Meyers Nave outside the bureau to conduct an independent investigation. The investigation team of Meyers Nave was led by the former Minister of Justice of the City of San Leando, Jain. Jayne Williams is in charge.
The public response, especially the response of the African American community, was fierce. Alice Huffman, president of the California Chapter of the National Association for the Advancement of Colored People, publicly expressed his opinion: "There is no doubt that this time Shooting is a crime! "The mainstream news of newspapers, magazines, radio and the Internet almost all agree on one thing: the issue of racial discrimination played a major role in this tragedy.
The Bay Area Rapid Transit Station Police Chief Gary Gee publicly stated: "After investigation, this tragedy has nothing to do with racial issues." This far-fetched absurd claim has angered local Africa. American community.
Several newspapers commented that the Bay Area Express Metro Police Chief’s talk was extremely irresponsible, added fuel to the fire, incited and angered the hearts of the people, 〝The elected officials we are looking for are words and deeds with Gary Gee. The opposite."
Alameda County Supervisor Keith Carson, California, Alameda County Supervisor Keith Carson, Oakland City Council member Desley Brooks, California, and Berkeley Keith Carson Berkeley Copwatch thinks that this is a "execution-style cold-blooded murder."
After watching the videos from various angles, Roy Bedard, an expert on police violence in the United States, commented: ``I really don't want to say that, but in my opinion, this is execution. "
Many people unanimously asked a question: If Oscar Grant was not an African American, but a Caucasian, would this tragedy still happen? January 7, 2009, a long backlog The resentment in the African-American community finally broke out in Oakland, California through the letter management of the Oscar Grant incident. On
this day, about 250 people were marching to the Oakland Bay Area Express Metro Police Station. Unsatisfactory answers turned into ethnic riots. The glass of the shop was smashed and robbed. The car was overturned in the middle of the road and set on fire. Several trash cans were burnt by gasoline and turned into monsters. The mobs used empty glass. The bottle was a weapon, and they fought against the riot police.
Oakland police arrested about a hundred violent saboteurs, and counted the losses in one day, which was about 200,000 U.S. dollars. On January 14, 2009, one hundred Multi-person racial riots recurred in downtown Auckland, burning cars, and Auckland police arrested another 18 violent elements.
On January 30, 2009, it happened outside the court hearing the bail case of Johannes Mechschler. In the small-scale violent demonstration, the Auckland police arrested eight more violent elements.
In order to reassure the people, the Mayor of Auckland Mayor Ron Dellums announced: "The court should cancel the bail hearing. "
Peaceful demonstrations and parades occur from time to time. At the pre-trial court on May 18, 2009, there were about 100 demonstrations outside the Auckland City Court. After chanting slogans, the parade turned to the city of Auckland. Demonstrations continued outside the police station.
These few demonstrations were not recognized and supported by local African-American community leaders in Oakland, because firstly, most of the demonstrators were not locals, and secondly, excessive violence. The original demands of the demonstrations have been deteriorated.
Even the leader of the Black Panther Party, Bobby Seal (BlackPanter Party), who always pays attention to "using violence against violence", has come forward to accuse this ethnic riot as "meaningless."
These racial riots brought a turning point in the case for Johnnes Mechschler’s criminal defense attorney Michael Raines. He entered the Oakland City Court and said that under the press trial and threats of violence in Oakland, his The parties cannot get a fair trial here.
With all kinds of facts in sight, Judge Don Clay had to agree to Michael Raines' request on October 16, 2009, to transfer the case to Los Angeles County, California to continue the trial. The case was taken over by Judge Robert J. Perry of the Los Angeles County Superior Court of California.
The judge, who became famous for the accidental death of Playboy magazine girl Anna Nicole Smith (Anna Nicole Smith), immediately announced that he would not allow any cameras in his court during this murder trial. .
On February 19, 2010, during the preliminary hearing of the Los Angeles County Superior Court in California, a crowd of about fifty people protested peacefully outside the court, leaving a tense signal of abnormality for the case.
There are two themes of this pre-trial, one is to reduce the bail of Johannes Mechschler, and the other is to replace the original prosecutor in Oakland. Michael Rains’s reasoning was that when the original prosecutor was in the Oakland City Prison, he knew that his client had a lawyer, but he insisted on interrogating his client without the presence of a lawyer.
Now, Johannes Mechschler neither poses a danger to the community nor plans to flee, so he does not need so much bail. But before Michael Rains' reasons were finished, Judge Robert Perry rejected his two demands in one fell swoop. The second pre-trial date is March 26, 2010, and the official trial date is June 7, 2010.
On January 6, 2009, Oakland City Attorney John Burries, representing Oscar Grant’s family, filed a petition in Oakland, California, requesting the California Bay Area Express Metro Police Department for the wrongful death of Oscar Grant ( wrongful death) in compensation of 25 million U.S. dollars.
On February 8, 2009, on behalf of Oscar Grant’s five friends who were arrested at the same time, John Bliss filed a petition in the Oakland, California court, demanding compensation from the California Bay Area Express Metro Police Department for their illegal arrest. One and a half million U.S. dollars, as their mental damage expenses.
John Briss also announced that he is preparing to file a petition in the U.S. Federal Court, requesting the California Bay Area Express Metro Police Department to seek 50 million U.S. dollars for their violation of his client’s constitutional rights. After bargaining, the California Bay Area Express Metro Police Department agreed to pay 1.5 million dollars, partly for the education and living expenses of Oscar Grant’s four-year-old daughter, until her thirtieth birthday. The family of John Bliss and Oscar Grant accepted the plan and agreed to withdraw "part of" the civil complaint in the US Federal Court.
On June 9, 2009, Johannes Mechschler refused to plead guilty in court, and the judicial trial began to enter the formal proceedings. In October of the same year, the case began to select jury members.
This landmark case was held in Los Angeles County, Livonia as scheduled. The twelve jury consisted of eight women and four men, of which eight were white, three were Latino, and one was Asian. Prosecutor David Stien, the attorney of Ilameda County, California, insisted that Johannes Mechschler deliberately took the opportunity to kill someone and asked for 14 years in prison.
The entire trial was conducted in an extremely emotional state. On June 14, 2010, the witness Carlos Reyes appeared in court to testify that after Oscar Grant was shot, Johannes Mehsch Le’s first sentence was: "Oh, fuck, I shot him (Oh shit, I shot him)!"
On the same day, Oscar Grant’s ex-girlfriend Sophina Mesa (Sophina Mesa) testified that two minutes before Oscar Grant was shot, she called her and said: "We were hurt by them for no reason." Call you back."
On June 22, 2010, Jackie Bryson, who was handcuffed and ordered to kneel on the concrete floor with Oscar Grant, testified in court and pointed out that Oscar Grant told him, "Forget it, I surrendered." While Johannes Mechschler drew his gun, he cursed Oscar Grant and said, "Fuck this!".
The most dramatic and emotional is the testimony on June 25, 2010. Johannes Mechschler was on the witness stand, crying with emotion, bowed his head and sobbed. An Oscar Grant supporter, Timothy Killings, was furious in the gallery and yelled: "Save those fucking tears!"
This sudden burst The incident shocked everyone in the court and angered Judge Robert Perry. He immediately ordered the suspension of the trial and ordered the police to arrest Timothy Chu Lingsi on the spot, charged with contempt of the court.
After three weeks of court debate, the jury informed the court at 2:10 pm on July 8, 2010 that they had reached a consensus. At 4 pm that day, the jury announced that the defendant Johannes Mechschler was guilty of two counts of "involuntary manslaughter" and "gun enhancement charge".
In California, the maximum sentence for the crime of "non-intentional manslaughter" is 14 years, and the maximum sentence for the crime of "beautifying guns" is ten years. The two crimes can be executed at the same time or in installments. Therefore, Johannes Mecher Schiller's future rests entirely on the subjective wishes of the presiding judge Robert Perry.
According to the jury's verdict of guilt, Judge Robert Perry ordered Johannes Mechschler to be taken into custody on the spot and waited in the sentencing division of the court in jail. The original sentencing date was set on August 6, 2010, and Judge Robert Perry delayed it to November 5, 2010 in order to hear more opinions from all parties.
At the sentencing court on November 5, 2010, Judge Robert Perry ruled that Johannes Mechschler was sentenced to two years in jail for "unintentional manslaughter", and he was "beautified with guns." The charge was dropped.
After Oscar Grant's mother Wanda Johnson learned of the jury's verdict, she expressed her strong protest outside the Los Angeles County courthouse. She yelled angrily: "My son was murdered!" He was murdered! He was murdered!”
As the Oakland City Public Security Authority had experience in the riots that lost 200,000 US dollars last year, the jury of eight women and four men announced its verdict at four o’clock in the afternoon. The urban area was full of riot police, but small-scale ethnic riots were still unavoidable. The mobile phone shop was robbed and the bank glass was smashed. Fortunately, no one was injured.
Oscar Grant’s grandfather also participated in the protest march in Oakland. He repeatedly emphasized that please do not have any violent behavior, because any violent behavior is disrespectful and humiliating to his dead grandson.
On the afternoon of the judgment, about 500 people marched to protest the unfair ruling. In the middle of the night, it turned into a racial riot of beating, smashing, and looting. The mobile phone shop was robbed and the glass of the bank was smashed. There were eighty-three people before and after. Man was arrested by the police. Under the full prevention and security of the Oakland City Public Security Authority, the riot was quickly brought under control and returned to normal the next day.
Because the Los Angeles County Jail was worried that Johannes Mechschler would be retaliated by black prisoners while in prison, he was kept alone in a special cell.
According to California law, the detention period before sentencing can be doubled, that is, one day of detention, even if it is two days. Johannes Mechschler had a prison term of 146 days before his sentence, which was deducted from the total prison term of 292 days. Therefore, the California prison was opened in the early morning of June 13, 2011. At 12:01, he was allowed to be released on parole.
This is an epoch-making case that aroused the anger of the public. After the Civil Rights Department of the US Federal Department of Justice issued its ruling in the California court, it announced on July 9, 2010 that it would continue to investigate further to see if Johannes Mechschler’s illegal actions violated Oscar Grant’s constitutional protections. right.
According to a NBC News report on July 11, 2010, Johannes Mechschler’s lawyer Michael Rains released to the public a two-page copy of Johannes Mechschler on July 4, 2010. The handwritten statement contains the words:
〝I will live in the painful and sad memories of Mr. Oscar Grant who shouldn’t be shot and killed for the rest of my life. He lost his life because of my actions. No words can express me.
I regret deeply. I know that a daughter has lost her father and the pain of losing a son with a mother. I hope to be able to talk to Mr. Oscar Grant’s mother and his girlfriend, but from too many complaints about my newborn son and The death threats from my family have kept me silent. I hope that one day, when all the anger has passed, I will have a chance to communicate in person.
I know that many people still hate me, but if I don’t change my opinion If I say it, I will feel more sad and uneasy. From now on, and forever, whether I am alive, breathing, sleeping or awake, I will hear Mr. Oscar Grant’s scream: You shot me! "
I It is impossible to speculate about the sincerity of Johannes Mechschler’s statement, and it is impossible to know whether it will reduce the contradiction between black and white races, and it is impossible to determine whether this is a smokescreen trick by his lawyers in order to obtain a reduction of sentence. But I think this apparent shame and apology is better than acting deaf and indifferent. Listen to what you say and watch what you do. Only time can prove the merits and demerits of this world.
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