OAKLAND, Calif. — The former BART police officer accused of killing an unarmed man at the Fruitvale train station on New Year's Day waved his extradition right Wednesday and is now in Alameda County awaiting arraignment.
Johannes Mehserle was arrested late Tuesday night after a warrant had been issued charging him with the murder of Oscar Grant III. The killing has set off a firestorm in the Bay Area, with videos showing what appears to be the officer shooting the detained man in the back.
At a news conference Wednesday morning, Alameda County District Attorney Tom Orloff said Mehserle turned himself in to authorities peacefully Tuesday night in Nevada.
Orloff refused to speculate why Mehserle was in Nevada but said he never feared authorities would lose track of the former officer.
It is believed that Mehserle, who lived in Lafayette at the time of the BART incident, had been moving from place to place in recent days as he faced numerous death threats.
Oakland police Chief Wayne Tucker said it was "by mere happenstance" Mehserle had left the state.
The former BART officer was staying just across the California-Nevada border in Lake Tahoe in the Zephyr Cove area.
"I don't think there's any evidence at all to suggest he was a flight risk," he said. "We're not saying that."
Mehserle, 27, waived extradition to California during a brief court appearance Wednesday in Minden, Nev., and was being held on a no-bail warrant.
Officers had advised his attorney, Christopher Miller, on Tuesday that an arrest warrant had been issued. Miller said he did not consider his client a fugitive, and that he surrendered to Oakland police "very cooperatively."
"He was always prepared to surrender himself," he said. "It's not an issue of a person attempting to flee a charge or prosecution.
It is expected Mehserle will be arraigned this afternoon in Oakland.
Orloff said his office decided to charge Mehserle with murder because there is evidence of an unlawful, intentional killing. Orloff repeated several times, however, that the charge does not specify the degree of murder and refused to speculate on what the final charge would be. Orloff did say he feels strongly about the murder charge.
"What I feel the evidence indicates is an unlawful killing done by an intentional act," Orloff said. "There was nothing that would mitigate it to something less than murder."
In an affidavit prepared by Oakland police that supports the arrest warrant, an investigator summarized what happened before Grant was shot. The affidavit said Mehserle was trying to pull Grant's arms from underneath his body while another officer, who was not identified in the affidavit, had his knee in the back of Grant's neck. By the time Mehserle stood up and Grant was shot, the affidavit said Grant had both his hands on the small of his back and the other officer had moved slightly away.
As part of a separate investigation, the Oakland Police Department and district attorney's inspectors had been reviewing the BART reports and re-interviewing people.
John Burris, who is representing Grant's family in a $25 million claim against BART, said he anticipates the charge eventually will be second-degree murder. He added that he was happy the district attorney finally brought charges against the former officer, but it does not affect his claim and that the family is still grieving.
Miller expressed confidence that his client will be cleared of the murder charges, suggesting there's more to the case than what has been seen on the homemade video that has gained nationwide attention and inflamed Bay Area residents.
"The case won't be tried by video alone," Miller said. "I'm confident this case is not just about a video. It's not just about certain circumstances that folks may want to focus on. The courtroom is the appropriate place to present the evidence and bring out all of the facts of this case. And I'm confident when that's done, he'll be cleared of these charges."
Orloff denied the timing of the arrest had anything to do with what was expected to be a large rally late Wednesday afternoon in downtown Oakland.
"Those that see it that way will continue to see it that way," Orloff said. "People who want to be cynical will continue to be cynical."
On Jan. 7, peaceful protests turned unruly when a breakaway faction of demonstrators shattered storefront windows, smashed cars and lit fires in downtown Oakland. More than 100 were arrested.
Later Wednesday afternoon, Oakland Mayor Ron Dellums said he hoped the arrest will "begin to bring down the temperature" among people angered over the killing.
"I think we can now be relieved that the wheels of justice have moved forward," he said.
Still, he said he understood why some people remain angry, while hoping they would stay peaceful in their demonstrations.
"Anytime a public official, in the name of the public, takes a human being's life in the context of democracy, the community has the right to react to that moment," Dellums said, "because that life has ostensibly been taken in their name."
Mehserle has refused to be interviewed by either BART investigators or Orloff's office after the incident. Videos appear to show him shooting Grant as the 22-year-old father from Hayward was facedown on the ground at the Fruitvale BART station. Mehserle's resignation last week took away BART's best chance at getting a statement from him because Mehserle no longer could be fired for remaining silent.
Orloff said Mehserle's silence made it more difficult to press charges.
"It made it more difficult in the sense it could have given me more insight into his thought process," Orloff said.
Miller would not say whether Mehserle would talk with investigators now that he has turned himself in. He resigned from the police force rather than face questioning on the killing, a decision he made while consulting with his attorneys.
Miller also would not comment on whether his client will seek a plea deal.
Staff writers Kelly Rayburn and Steve Harmon contributed to this story. Reach Chris Metinko at 510-763-5418 or [email protected]