Ex-BART cop Mehserle out on bail in murder case

(02-06) 17:45 PST -- Johannes Mehserle, the former BART police officer accused of murder in the Jan. 1 shooting death of an unarmed man on the Fruitvale Station platform in Oakland, was released this afternoon after posting $3 million bond, authorities said. Mehserle, 27, posted bail at 3:45 p.m. and was released from Santa Rita Jail without incident, the Alameda County Sheriff's Department said. Mehserle has pleaded not guilty to a charge of murdering 22-year-old Oscar Grant on an Oakland BART platform New Year's Day. The shooting, which was captured on multiple cell phone videos, led to a series of protests in Oakland, some non-violent, others resulting in vandalism and arrests. Mehserle's release came the same day as some of those arrested in protests were arraigned in Oakland. As he was driving from the jail, several dozen protesters were gathering at Frank Ogawa Plaza for a march down Broadway with a heavy police escort. Prosecutors and Mehserle's defense attorneys are prohibited from commenting on the case by a court-imposed gag order. His defense attorneys have said in court that Mehserle had intended to shoot Grant with a Taser and accidentally grabbed his service weapon. Prosecutors had argued against granting Mehserle bail, calling his actions indicated "poor professional judgment, emotional immaturity and a lack of impulse control" and that he might pose a risk to public safety if released. Oakland Mayor Ron Dellums also had expressed concerns about Mehserle's release, saying that setting bail of any amount could jeopardize community safety. Today, after Mehserle's release, the mayor called for calm. "In challenging violence, we must not engage in violence. In challenging injustice, let us not engage in unjust acts," Dellums said in a prepared statement. "In Oakland, peace and protest are compatible, but we will not allow violence and vandalism in our city. We must treat each other and our city with respect and dignity while the outcome of this case is determined by judge and jury." Mehserle had sought a reduction in the $3 million bail, and a leader of BART's police union had sent a message this week to other law enforcement officers seeking donations, saying Mehserle's family was about $45,000 short of what it needed to post bond. The BART Police Officers Association said the letter was sent without union approval, and association spokesman Alex Tourk repeated today that the fundraising was unofficial. SOURCE:SFGATE.COM