Police Magazine Logo
MenuMENU
SearchSEARCH

Lessons Learned from the Mehserle Trial

The Mehserle story serves as a cautionary tale for all officers and all law enforcement agencies.

August 9, 2010
4 min to read


As you read this column, one of your brethren sits in the Los Angeles County Jail awaiting a sentencing hearing that could determine his address for the next two to 14 years. His name is Johannes Mehserle. He's 28. And you probably know his story.

On Jan. 1, 2009, Mehserle and four other police officers who worked for Northern California's Bay Area Rapid Transit Authority (BART) responded to a fight on a train in Oakland. Young men were taken off of a train. One of them was 22-year-old Oscar Grant who was mortally wounded minutes later by a single shot fired by Mehserle. Grant was black and Mehserle is white. Grant was unarmed, and the incident was captured on video. The video was broadcast, triggering rioting in racially tense Oakland.

Ad Loading...

Mehserle resigned from the BART police. Community pressure then spurred then Alameda County District Attorney Tom Orloff to commit a reprehensible act of moral cowardice. He had his office charge Mehserle with first-degree murder for what was clearly an unintentional act of homicide. Nancy E. O'Malley did nothing to change the charges when she took over for Orloff. The prosecutor's office also decided to really bury Mehserle with a gun enhancement. (California law somehow believes that being killed with a gun is worse than being killed with other weapons.)

I don't have room to recount the trial story, but I urge all officers to go to PoliceMag.com and read the news coverage because there are some real lessons to be learned from this case.

First, the opposing arguments. The prosecutors kind of boxed themselves in by pushing for murder charges against the former officer. Their only argument was that Mehserle intended to kill Grant and acted with malice in doing so. The defense argument was much more complex. They contended that Mehserle intended to draw his TASER and accidentally drew his pistol.

TASER-pistol confusion is not an unheard of phenomenon. It happens. This is why TASER trainers strongly advise that agencies require officers to position their TASERs in a cross-draw fashion or on their weak-hand side.

And Mehserle's duty rig actually was set up that way. His TASER holster was just left of his belt buckle. Mehserle is right-handed. And his duty pistol was on his right hip.

Ad Loading...

So how could he confuse his TASER with his handgun? Retired LAPD captain Greg Meyer and police use-of-force researcher Dr. Bill Lewinski both testified at the trial that the confusion was a matter of insufficient training.

Meyer, a POLICE Magazine Advisory Board member and TASER expert, testified that the BART police did not train with their TASERs under stress. Also, because of budget reasons, BART did not issue TASER holsters to each individual officer. The TASERs and holsters were given to the officers before they started their shifts and four different configurations of holsters were available. So Mehserle was likely unfamiliar with the TASER holster that he was issued that night.

Lewinski's psychological explanation focused on slip-and-capture errors. You can read it in detail in the Force Science News (www.forcesciencenews.com). But it boils down to this: Sometimes we think we're doing one thing with our hands when we're actually doing something else.

Mehserle had dutifully practiced drawing his service weapon since he graduated from the academy two years before the incident. In contrast, he'd probably drawn a TASER several times in training and only three times on duty. So Lewinski believes that when Mehserle started reaching for his TASER, muscle memory kicked in and he drew his pistol instead. The moral here is that officers need to practice drawing their TASERs.

It could be argued that the defense won the Mehserle murder trial. The jury decided that the former officer did not intend to kill Grant and they found him guilty of involuntary manslaughter. That's the charge the D.A. should have sought in the first place, and it can be justified. But don't forget that gun enhancement. The jury bought it, and it hikes Mehserle's possible sentence for involuntary manslaughter from a maximum of four years to a maximum of 15.

Ad Loading...

I want to say this as clearly as possible: Charging a cop with a gun enhancement for an unintentional shooting on duty is absurd. Hopefully, the judge will agree during Mehserle's sentencing hearing in November and throw that out.

Until then, Mehserle sits in L.A. County Jail awaiting his fate. But I urge you again to read about this case. The Mehserle story serves as a cautionary tale for all officers and all law enforcement agencies. Adequate training is the best risk management. It saves money from civil suits, it saves careers, and it saves lives.

Subscribe to our newsletter

More Patrol

Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Ad Loading...
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →
Streamlight searchlight and a scene light on a tripod set against a darkened street scene and Streamlight logo across the top.
PatrolApril 30, 2026

Streamlight Launches LiteBox 1Million & Portable Scene Light III

Streamlight has launched the Portable Scene Light III (PSL III), which delivers up to 10,000 lumens, and the LiteBox 1Million, a one-million-candela long-range search light.

Read More →
Two camo magazine puches against a blue tinted police background and a logo for Tasmanian Tiger.
PatrolApril 22, 2026

Tasmanian Tiger Introduces the TT SGL Mag Pouch Clamp M4

Tasmanian Tiger has launched the TT SGL Mag Pouch Clamp M4, an open magazine pouch engineered for M4/AR-15 platforms that integrates a plastic clamping device for secure retention and fast magazine deployment.

Read More →
Ad Loading...
Police officer in a darkened hallway holding a flashlight and headline 5 Things to Know When Buying Patrol Lights, and POLICE logo.
PatrolApril 16, 2026

5 Things to Know When Buying Patrol Lights

Whether it’s time to buy a personal patrol light or make the decision for the next department-issued patrol light, what do you need to know? How do you weigh the different variables and make the best choice?

Read More →
Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →
Ad Loading...
Man standing in desert talking on radio.
PatrolApril 9, 2026

Motorola Solutions Extends Resilient, Mission-Critical Communications and AI with T-Satellite from T-Mobile

A collaboration between Motorola Solutions and T-Mobile helps deliver uninterrupted situational awareness and access to AI wherever the mission leads, enabled by satellite connectivity for Motorola Solutions' APX NEXT smart radios.

Read More →