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PEOPLE v. MEHSERLE

No. A130654.

206 Cal.App.4th 1125 (2012)

142 Cal. Rptr. 3d 423

THE PEOPLE, Plaintiff and Respondent, v. JOHANNES MEHSERLE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

As modified July 2, 2012.

Attorney(s) appearing for the Case

Rains Lucia Stern , Michael L. Rains and Dylan Schaffer for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and Amy Haddix , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MARCHIANO, P. J. —

Defendant Johannes Mehserle served as a police officer for the Bay Area Rapid Transit District (BART). Shortly after 2:00 a.m. on January 1, 2009, while responding to a report of a fight on a BART train, he shot and killed BART passenger Oscar Grant during a tense confrontation. Defendant was attempting to arrest and handcuff Grant for misdemeanor obstructing a police officer (Pen. Code, § 148), while Grant...

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