originally by: SFGate
published: 12 September 2012
The state Supreme Court turned down an appeal Wednesday by Johannes Mehserle, the BART policeman convicted of manslaughter for shooting an unarmed passenger in the back on an Oakland transit platform.
A state appeals court in San Francisco upheld Mehserle’s conviction in June, saying the jury was entitled to reject his claim of an innocent mistake and conclude he had acted with criminal negligence when he fatally shot Oscar Grant. The state’s high court unanimously denied review of that ruling Wednesday.
Grant, 22, of Hayward, was arrested at BART’s Fruitvale Station in the early-morning hours of Jan. 1, 2009, after a disturbance on a train. Mehserle, who had been trying to handcuff him, rose suddenly and shot him.