Johannes Mehserle, the former BART police officer who killed Oscar Grant while he was lying face down and handcuffed in an Oakland train station, was convicted of involuntary manslaughter -- his crime, according to the jury, was negligence in not knowing the difference between his heavy black gun and his light yellow Taser. Of the possible outcomes Mehserle was facing, involuntary manslaughter was the best he could have hoped for short of acquittal. He faces a maximum sentence of four years for the original crime, possibly more for the use of a firearm.
I want to focus for a moment on the distinction between voluntary and involuntary manslaughter. To convict on the higher charge of voluntary manslaughter, the prosecution would have had to prove that Mehserle's fear of Grant and his friends was "unreasonable." It decided the crime was involuntary. In other words, Mehserle's fear? That was reasonable.
