A jury considering the fate of former BART officer Johannes Mehserle must rule out a first-degree murder conviction but can consider all other options, the San Jose Mercury News reports.

Los Angeles Superior Court Judge Robert Perry said evidence proves that the former BART police officer did not plan to kill the 22-year-old Oscar Grant on Oakland's Fruitvale BART station platform.

The jury can consider second-degree murder or the lesser charge of manslaughter.

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