sorry, the butthole that didn't know the difference between his service pistol and his STUNGUN is directly responsible.
Posted on 08/17/2013 12:31:55 PM PDT by thecodont
Until now, the courts and the public have placed the responsibility for Oscar Grant's death entirely on the BART police officer who shot the unarmed passenger on an Oakland train platform. But a federal appeals court ruling could shift some of the blame to the officer's supervisor and perhaps the transit system itself.
Former Officer Johannes Mehserle, who fired the shot that killed Grant on Jan. 1, 2009, served 11 months in prison for involuntary manslaughter, and is also a defendant in the damage suit by Grant's father and four of his friends. While allowing claims against Mehserle to go to trial, the Ninth U.S. Circuit Court of Appeals in a ruling last week stressed the role of the lead officer at the scene, Anthony Pirone.
Based on a plausible view of the evidence, the court said July 30, Pirone had no legal justification for forcing Grant and a friend off of a train and onto the platform, where the fatal encounter occurred.
[...]
The practical impact of that conclusion, if endorsed by a jury, would probably be minimal for Pirone and others involved in the current suit. Both Pirone and Mehserle are defendants, and BART, as their former employer, would be responsible for any damages resulting from their conduct on the job.
But a finding of liability by a supervisory officer such Pirone would move the dial of responsibility closer to BART and its leadership.
Pirone wielded more authority than Mehserle, whose actions might be discounted as those of an inexperienced, low-level officer, said Robert Weisberg, a Stanford criminal law professor. Generally speaking, he said, an employer "shouldn't be responsible for the actions of a rogue employee, but for negligent supervision
(Excerpt) Read more at sfgate.com ...
sorry, the butthole that didn't know the difference between his service pistol and his STUNGUN is directly responsible.
Apparently now - "mistakes were made".
Based on my travels through the Oakland Airport BART Station in the daylight, cops need to be on patrol though.
I think they are trying to spread the liability to collect more...
Dead thugs as martyred saints.
100%
see “above”
Yup.
“The punk didn’t deserve to be offed.”
The BART cop got his hands mixed up and pulled the wrong weapon. What an absolute horror - Like leaving your kids in a hot car or putting the baby-carrier on the roof and driving away - it happens. Seconds of actions performed without thinking for whatever reason destroys you forever.
Pepper spray not so much.
Probably best to have but one kind of weapon.
Who's the training officer who signed off saying this joker was competent in the use of his taser? I would aver that "competence" in using it would include the ability to differentiate a taser from a firearm....
It’s so easy, I tell my kids, “Don’t fight the police.”
Yep, The time for detailed study of the interaction is in court.
http://www.youtube.com/watch?v=08fZQWjDVKE
Sure he’s responsible. How about the idiots who failed to teach him the difference and put him there?
The dead guy was on his stomach. Cuffed with 4 cops holding him.
That’s good stuff.
“The dead guy was on his stomach. Cuffed with 4 cops holding him.”
...and still fighting.
Fighting to breath according to witnesses. Pretty hard to do with a knee on the back of your neck.
Take a look for yourself.
http://www.youtube.com/watch?v=eZTbJH6BNaU
His positioning and movement do not indicate “fighting” or resistance. To borrow a phrase from Monty Python, “What’s he going to do, nibble your bum?”.
BART officers were in the wrong from the start and had ZERO evidence in which to justify a stop and frisk.
“The court cited U.S. District Judge Marilyn Hall Patel’s findings in 2011 that Pirone had never asked the train operator if anyone was injured, if any weapons were used, if anyone had come forward to talk about the fight, or if the operator could identify any of the five men as participants. Pirone, by his own admission, never entered the train himself or looked for evidence of any crimes, Patel said.”
Mighty fine police work, Lou! They simply showed up, started grabbing people, screamed a bunch of orders, and behaved like rabid dogs. This whole incident starts with the illegal actions of Pirone. He started this mess and should absolutely be held accountable for it. The Police, with their vast power, should be held to a higher standard.
They have no legal justification for half the things they do , but that does not stop them. They have a badge and gun they are not shy about using if anyone objects. The lady officer that sexually assaulted the girl under the guise of a body cavity search on the side of the road in Texas got her job back. The male officer said he smelled marijuana and called her in to do a body cavity search in plain view of passing motorists . I imagine that the lady cop will smell a lot of marijuana when she passes, meets, or sees a car driven by a good looking female.
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