Former BART cop Mehserle, four other officers cleared of excessive force

AP file photoFormer BART police Officer Johannes Mehserle and four other officers were found not guilty in civil trial.

AP file photoFormer BART police Officer Johannes Mehserle and four other officers were found not guilty in civil trial.

Former BART police Officer Johannes Mehserle and four others were cleared of violating the constitutional rights of an Oakland man during a 2008 confrontation, sparing the transit agency from a costly payout.

Kenneth Carrethers alleged that Mehserle and four other BART police officers unlawfully hog-tied, kicked and punched him after he confronted them verbally at the Oakland Coliseum BART Station. The incident occurred about six weeks before Mehserle shot and killed Oscar Grant at the Fruitvale BART Station.

The jury deliberated for about six hours over two days before delivering its verdict in the civil case. When the verdict was read, Carrethers slumped and shook his head.

Carrethers lawyer, Christopher Dolan, said his client was “terribly upset and disappointed” by the verdict.

“Unfortunately it appears that Mr. Mehserle will once again get off with nothing more than a slap on the wrist, and in this case, a complete free pass,” said Dolan.

Dolan said the makeup of the jury—the sole minority on the panel asked to be dismissed earlier in the trial—played a factor in the verdict.

“It’s unfortunate that Mr. Carrethers did not have a jury of his peers,” said Dolan.

Dale Allen, the attorney representing the BART police officers, said the jury was selected from a pool vetted by both lawyers.

“The jury did its duty to the best of its ability,” said Allen.

Allen said that Mehserle was “very emotional” following the jury’s verdict.

“He just wants to move on with his life now,” said Allen.

Mehserle spent 11 months in jail after being convicted of involuntary manslaughter for the killing of Grant. He was released from prison earlier this year.

wreisman@sfexaminer.com

Bay Area NewsCrimeCrime & CourtsLocal

Just Posted

A large crack winds its way up a sidewalk along China Basin Street in Mission Bay on Friday, Sept. 24, 2021. (Kevin N. Hume/The Examiner)
San Francisco’s sinking sidewalks: Is climate change to blame?

‘In the last couple months, it’s been a noticeable change’

For years, Facebook employees have identified serious harms and proposed potential fixes. CEO Mark Zuckerberg and COO Sheryl Sandberg have rejected the remedies, causing whisteblowers to multiple. (Eric Thayer/The New York Times)
Facebook’s problems at the top: Social media giant is not listening to whistleblowers

Whistleblowers multiply, but Zuckerberg and Sandberg don’t heed their warnings

Maria Jimenez swabs her 7-year-old daughter Glendy Perez for a COVID-19 test at Canal Alliance in San Rafael on Sept. 25. (Penni Gladstone/CalMatters)
Rapid COVID-19 tests in short supply in California

‘The U.S. gets a D- when it comes to testing’

Niners quarterback Jimmy Garoppolo led a late-game comeback against the Packers, but San Francisco lost, 30-28, on a late field goal. (Courtesy of San Francisco 49ers)
The Packers beat the Niners in a heartbreaker: Don’t panic

San Francisco is no better and no worse than you thought they were.

A new ruling will thwart the growth of solar installation companies like Luminalt, which was founded in an Outer Sunset garage and is majority woman owned. (Philip Cheung, New York Times)
A threat to California’s solar future and diverse employment pathways

A new ruling creates barriers to entering the clean energy workforce

Most Read