(altnet) ohannes Mehserle, the former BART police officer who killed Oscar Grant while he was lying face down and handcuffed in an Oakland train station, was convicted of involuntary manslaughter -- his crime, according to the jury, was negligence in not knowing the difference between his heavy black gun and his light yellow Taser. Of the possible outcomes Mehserle was facing, involuntary manslaughter was the best he could have hoped for short of acquittal. He faces a maximum sentence of four years for the original crime, possibly more for the use of a firearm. I want to focus for a moment on the distinction between voluntary and involuntary manslaughter. To convict on the higher charge of voluntary manslaughter, the prosecution would have had to prove that Mehserle's fear of Grant and his friends was "unreasonable." It decided the crime was involuntary. In other words, Mehserle's fear? That was reasonable. Fear is at the core of questions of justice involving the deaths of black people at the hands of the authorities in the United States of America, dating back to when Toussaint L'Overture put the fear of G-d in slaveowners by revealing that their "property" might someday rise up against them. L'Overture still has that effect on some people. Following emancipation were the days when "justice" was meted out in the South by terrorists posing as vigilantes. Even then, when such atrocities were an accepted part of black life, people inside and outside the South found ways to sympathize with the anger and fear white Southerners felt toward their black neighbors -- The New York Times editorialized in the 1890s that no "reputable or respectable negro" had ever been lynched.

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