A Los Angeles convi
cted a white former transit officer of involuntary manslaughter in the shooting death of an unarmed black man on an Oakland train platform. Johannes Mehserle was found guilty on Thursday in the New Year’s Day 2009 killing of 22-year-old Oscar Grant. Involuntary manslaughter carries a sentence of two to four years.
The California Penal Code section 192 defines manslaughter as follows:
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary–upon a sudden quarrel or heat of passion.
(b) Involuntary–in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
(c) Vehicular–
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
