complete bay area news coverage starts right now. this is ktvu channel 2 news at noon. >> good afternoon, welcome to the special edition of ktvu channel 2 news at noon. i am cass i a mick mick. >> i am tori campbell, we are covering the sentencing of johannes mehserle. a judge will soon announce the sentencing. the judge has been hearing motions on a new trial, the gun

enhancement charge, and statements from grant's family and from messerly. >> claudine wong is in that h a county courthouse so she is outside the courtroom. are you with us? >> reporter: they have actually just now in the last minute come out of the courtroom, taking a 15 minute break so we are just minutes away from getting a decision from this judge on what johannes mehserle's fate will be. we have been here all morning outside since 8:30 this morning waiting for the judge to make a decision and it has been a very busy time in court. we started at 8:30 this morning hearing motions from the defense. there are two motions he held arguments on. the first one is the motion for a new trial, the defense wants a new trial on the said there is more information on weapons confusion was cited before and they had a case this would show this is an unprecedented issue

who face police officers who carry both guns and taser. he also listened to grawments about the gun enhancement because the jury was asked to add this gun enhancement. the jury said yes because obviously a fun was used but that adds several years, it gives the judge the option of adding 3 to 10 more years so the defense wants that drop. now he did not rule on either one of those motions, instead he is taking the time to hear the victim impact statements so this morning he heard from 5 family members. all five people said they want the maximum 14 year sentence for ho man necessary mess mess, all five said they do not believe this was a voluntary manslaughter. they believe this murder. all 5 said that they want him

to go to jail for the max and they are upset because they say he has never apologized to them. his mother went so far as to beg the judge for the maximum sentence of 14 years. after those 5 family members spoke ahan mess mess mess did stand and speak himself. he is in the orange county jumpsuit, shackled at the waste. he had a paper he had prepared and you could not see what his face was doing -- [ inaudible ] >> -- however, they said he apologized repeatedly throughout the statement, again and again. he did take responsibility, saying i shot a man. i killed a man. it should not have happened. he, however, said that the incident happened because of oscar grant's actions and his reactions to him and said it has nothing to do with race and culture. he apparently was very emotional through most of the statement and did talk about

his own family, saying they have been threatend. he referenced some kind of bomb threat as well and said that if going to jail would bring his family safety and security then he will go to jail. because he is concerned about their safety. after those statements were made, both attorneys from both sides got to make arguments about what kind of sentence they think that johannes mess mess johannes mehserle should get. the defense obviously are dprowing to probation, they want johannes mehserle to walk out today and go home on probation, that is an option for this judge. we are now five minutes now into this 15 minute break, so what is going to happen, 17 minutes th will file back in and then the judge will rule on the motions for new trial, the gun enhancement charge and then he will issue his ruling on

what kind of sentence johannes mehserle will get so we are very very close to hearing an answer almost two years after the shooting of oscar grant, what kind of penalty he wail face for s we continue to wait, perhaps in the next 10 minutes or so we could be learning what the sentence is. can i ask you, we understand that two people were thrown out of the courtroom this morning. can you talk about that? >> reporter: it appears -- well, there was one person thrown out out of the courtroom when motions were made on the new trim. it is unclear what exactly he said put the judge you know has a reputation in this courthouse for being a no nonsense judge he immediately said i want you out. he is very sensitive to that, because that gentlemen was escorted route of the courtroom, right downstairs and outside in the plaza. the plaza outside has been an active scene this morning, there have been dancers, protesters, some people out there. from what i am hearing from

police officers, there was some kind of scuffle out in front of the courthouse. up here on the 9th floor we saw a whole bunch of officers running down the hall way and heading down the elevators our photographer saw two people taken away because of that scuffle. we don't know what started that or where they were taken but we do know emotions are very very high here. this hallway in front of the courtroom is packed with people, everyone wanting to get in. everyone trying to figure out when they are going to know and downstairs it is the same situation out in front of the plaza, not everyone has come in here but certainly people are in here trying to, you know, wait -- [ inaudible ] >> -- has become more difficult as the morning has progressed. all right. thank you claudine and we actually -- i just want to let our viewers know we did get to see video of one of those people taken away by police and now we are looking at live pictures from outside the courthouse. you can see quite a few people

gathering there. we will check back in with claudine as soon as we canned and she will be bringing us the latest and we will bring that sentence to you as soon it is announced joining us is a legal analyst. i want to talk to you about how tough a decision is this for the judge? >> it is a very difficult decision. here is a judge that sat through an entire trial. he understands the facts of this case. he is certainly now intimately familiar with both families. here is a man that has to go back, temper his decision with the law, and do what is fair in this case. now i know both sides are pulling at the opposite extreme. one thing that struck me that claudine said, she said you know the d.a. didn't give a specific number in his argument to the court. that indicates to me that the d.a.'s heart really is not in that 14 years, because if it was he would have said, judge, we should get the maximum of 14 years. so he is backing off of that.

i think that sends an implied message to the judge, because the judge, i believe he had been ada before and certainly d.a.s appear in front of him every day. and having been one before, i know that they are very outspoken, if they want something and think a certain sentence is mandated, then judge i think 14 years is what this case calls for and he would have been pounding the table for that. he didn't. that sort of may have sent a subtle message to the judge. but that this judge now has to step back. his biggest decision, to my mind, will be the enhancement. why not the new trial motion? because if he were going to dprapt the new trial motion, why not do it earlier today and save us all this time? what are we doing here if you are going to grnt a new trial? because if he gives a new trial we go back to the get go. we start it all again. for people that are listening and think, well, if there is a new trial, maybe we could get a

second-degree murder conviction. no you can't, there was a not guilty in that. there was a not guilty toward the voluntary manslaughter, so if he did grant, which i don't think he well, the new trial, then you try him to the involuntarily manslaughter and that is the most they could do to him. a difficult decision for him. the biggest as i say will be this gun enhancement because what the jury came back with was we believe messerly intentionally used the gun on oscar grant. all right. but we don't believe that he intentionally shot him. because there is no intent to kill in that gin involuntarily manslaughter and most people would say that doesn't square, how do you intentionally use a gun to shoot somebody but not an to kill them. that is what the judge is struggling with right now. if he takes that away and says i am not going to sentence on, that then we might see a four year sentence where he aggravates it and says i am going to let you go on that but

let me sentence you on that and there are enough aggravating circumstances. >> right now we want to check in with tara moriarty who is in oakland covering how businesses are preparing just in case there is strong reaction about this sentence. tara. >> reporter: well, we are standing on 20th and franklin in front of the a bank you can see has been boarded up and there are sheets of plywood for as far as the eye can see. this itch strs an entire city block. now the city stands on -- [ inaudible ] >> reporter: -- choosing to either shut early, shut down altogether or stay open but take precautionary measures like this. several downtown merchantses spent yesterday and today drilling and hammering boards into place the wounds still fresh from earlier protests. you will remember trouble makers splintered off from

peaceful demonstrations causing thousands of dollars in damage by smashing windows, setting fires and looting. oakland police do have a command center set up on 16th and martin luther king, junior way. we did see vehicles moments ago from the alameda county sheriff's office pull into the downtown area, we don't know if they were headed over that direction but oakland police will call on outside agencies for help if needed and they will be monitoring the crowds if any from a distance. >> if they get too dysfunctional or start breaking a law to a point it becomes problematic for the businesses then we will come in and address them. [ inaudible ] >> reporter: -- letters to the -- the city did send out laters to alert businesses about today's sentence in. there are two other events going on. an art al gear walk and a sold out concert at the fox theater. police said they will send out updates on any protests using twitter and the city's website. bart is also taking steps to alert riders in case service is

interrupted by protests related to this sentence. now back here live if we can take a look at franklin and 20th you can see behind me here another bank is boarded up and they are continuing to put up more plywood and will be shutting down within the hour. we did notice a lot of security guards milling about on these corner, so definitely security grasheds present as well as police patrols we have noticed. in oakland, tara moriarty ktvu channel 2news. >> just blocks from where she is our john is actually at city hall. i know there is actually an organized gathering planed for a little bit later on this afternoon in reaction to today's sentencing. >> reporter: that's right. we are at 14th and broadway across from city hall here, this is where a number of people, probably hundreds could be even bigger than that are supposed to come. the organizing committee, the general assembly for justice for oscar grant and the new year's movement plus a group

known as by any means necessary are supposed to be gathering here doing live art, spoken word and talking speakers and music and an alter dedicated to the memory of oscar grant starting at 2:00. then at 6:30 they are moving to the park. i wanted to point out take a look across the street, that is walgreen's and even further across the street t-mobile is boarded up. both t mobile and footlocker suffered serious damage. i want to point out by the way that tara did mention outside agencies would be coming in if necessary. we have already seen some of them here, emeryville police and others driving through and they have their windows crossed with duct tape perhaps to make sure those windows are not broken by any protests. live here in oakland, ktvu channel 2news. >> we will check back with you for updates. just to get you up to date. we are in a 15 minute break in the sentencing hearing for johannes mehserle in a court

down in los angeles, these are live pictures from outside the courthouse. earlier we heard motions for a new trial and gun enhancement charges and five family members of oscar grant as well as johannes mehserle himself. the judge is taking a short break and should be going back in in just a few minutes. no cameras are allowed in the courtroom but we do have reporters there and the minute we hear what the sentence is we will bring it to you. right now we want to go back to our legal analyst michael standing by with us and he -- [ inaudible ] >> -- this is really not -- [ inaudible ] >> -- an appeal no matter what is decided. >> the -- the big issue in this trial, the biggest issue right now is the gun enhancement. that should be taken on appeal in my opinion. because look at the concern that it is giving the judge in this case. i mean he wants argument on this. he wants to talk about you intentionally used the gun but you didn't mean to cale him

with the gun so he has got to square that and all the other joulings throughout the state are thinking wait a minute, if i get this issue in my court how am i going to handle it? how about some guidance, so what they will look to then is the appellate courts then eventually they will go to the united states -- or not the united states but the california supreme court for guidance. >> taking a look at the sentencing guidelines, sort of separately here when we talk about the involuntary manslaughter and then the gun enhancement separately these could each bring different sentences only combined for 14. >> first he will talk about the motion and whether he is going to impose the enhancement. then he will sentence on that. my guess will be he does the four years on that and the three years on the manslaughter. if he throws out the gun enhancement i would then probably look to him to maybe

aggravate the manslaughter and put it at four. >> uh-huh. >> 4 years 0- >> okay. all right. though he might not severe the full four years. correct? >> well if he gets only that and the gun enhancement is out and this is what is interesting and this is what a lot of people should look to, that is if he throws the gun enhancement out, that takes it from 85% of the time served to 50% -- [ inaudible ] >> -- believe me the judge will be thinking about this and that is why i think well maybe he will enhance him if he tosses the gun out because if he gives him four he serves two. if he gives him the gun enhancement he serves 85% of that particular time, so that is why it is even more onerous. could be 10. >> uh-huh. >> doubt it but the 85% is looming. >> so again, so if the gunn in fansment is thrown out and he gives him three years to involuntary manslaughter he might be serving just a year and a half. >> that's right.

a year and a half in jail. he might put him in probation and if he does he could give him a jolt in the county jail for up to a year. but keep in mind he will be given cried it for time served, if he goes to the county jail thin he may serve that at 50% time too. >> michael we just got word ever one is heading back in, claudine do you laugh time for 1 quick update for us? >> reporter: sure, thaw are bringing everyone back into the courtroom. oscar grant's mother just walked in there assisted by other pooch. she certainly looks like this is taking a huge emotional toll on her. i talked to oscar grant's uncle, during his statements the judge -- he actually raised his voice and the judge told him not to yell and he said we want justice and we will not lose this case because of you. the judge telling him we are all doing the best we can here. right now, because they are going back in we expect a decision very very shortly here

because all the arguments have been made, all the statements have now been recorded and now it is up to the judge to just come back in and tell us what he has decided. and whether or not there will be a motion granted for new trial. whether or not the gun enhancement on this will actually stick and how long if any time johannes mehserle will spend behind parce, so what is going to happen with us -- [ inaudible ] >> -- decision, we are trying to out here gauge reaction in the hallway and get that information to you as soon as possible. but we are standing by and we really believe at this point we are just minutes away from hearing the decision. we don't know at this point, the wild card on how long it is going to take is what the judge is going to say in each one of these situations when he makes his rulings, because offense times the judges like to explain why they are coming to the decisions they are coming to -- [ inaudible ] >> -- we don't know as far as decision how long but we do

know they are back in court, court is in session and we should be getting a decision very very soon. >> and claudine i am trying to if i can paint a picture what it is like, you are outside the courtroom, is it calm? is it hectic -- [ inaudible ] [overlapping speakers] >> -- remember a lot of these people came hoping for a chance to get into the courtroom, hoping for a chance to hear what is said in this final day of court in this very long story that started back on january 1st, 2009 and now everyone has just had to sit here and wait, so they were anxious in the breaks people have rushed to the family members to try to get updates to figure out what has happened. now i think everyone understands that we are so close to getting this decision, that there is nothing to do but literally stare at these two doors that led into department 104 here on the 9th floor of the courthouse and just wait for those doors to open and for these answerses to be revealed.

and so it is calm. at 1 pont it dit get loud enough the judge actually told the deputies that people needed to quiet down out here because it was disrupting his courtroom but right now i am standing in the hallway right now and it is very calm and very quiet. actually i don't think calm may be the word, it is just very quiet and people are anxious and i think people have been waiting a long time and they talked to -- [ inaudible ] >> -- walked in and he is -- he is -- they invited >> -- they c every -- every family member wanted a murder victim. now every family member wants a maximum of 14 years and it doesn't seem to me they feel very confident that they are going to get that kind of decision based owned what the judge has said during this testimony. one of the reasons that the defense has argued for probation in this is because they said they have several cases now that show something like this happening where the

officer makes a mistake or says he made a mistake and says he got his weapons confused, and he made the point to the judge that in all those cases those officers were sued civilly but not charged criminally and that is why he tried to make the distinction between those cases and this case, saying this is not going as there are should and there are other things behind this, which emotions are very high. it is, you know, talking to rita williams who has been sitting in there the entire time. she said every single part of this has been so heavy and been so emotional draining whether you are watching the five family members going up there and literally bearing their soul up there to the judge and telling them you know how much this has affected them oreo han necessary mess mess who stands in shackles and talks about being sorry repeatedly and breaking down and talking about the safety of his own family and apologizing ologizing and

apologizing -- [ inaudible ] >> -- rita williams asked johannes mehserle what would he say to grant's family if given the chance. let's listen to the answer. >> what do you say to them? >> nothing, i -- there is no -- i can't say how sorry i am enough, because there is nothing i can say or do that will bring them back and i understand that. you know i value human life and

i value life. i never wanted any of this to happen and i hope that -- hope that they can understand that. that i didn't want this at all. and i know they didn't want this. and i will forever be sorry for what happened. >> again that was part of the abusive interview rita williams did with johannes mehserle well he was in jail just last week. we heard claudine wong saying when he gave -- read a statement in the courtroom today he also was very emotional and today he was concerned about his own family's safety but he also talked in his interview with rita williams about his reaction to going to jail. let's listen in to that part. >> are you prepared to go to prison for up to 14 years? >> i will do whatever i need to do. i will do whatever i need to do but i know i am not going to stop -- i am not going to give up. >> listening in again -- [

inaudible ] >> -- rita williams exclusive interview with johannes mehserle. again rita is inside the courtroom. claudine wong is just outside. any minute now we could be learning the judge's sentencing decision. let's go back live to los angeles, a legal analyst is right outside that very busy courtroom and royal, from where you are and what you have seen so far what are you expecting these next few minutes? >> reporter: well, i think the ski so far this morning is a phrase uttered by the judge inside that courthouse, namely i am troubled by the given enhancement. he was struggling with what appeared to be contradict tear messages sent by the jury. on the one hand the jury rejected the option of murder in the second degree. they didn't think he intended to kill oscar grant. they didn't necessarily think he intended to use his gun to shoot oscar grant because they went for involuntary manslaughter and involuntary manslaughter is essentially a tragic mistake but we don't let you off the hook because we think it was criminal in nature

you were so wreckless, so negligent. so involuntary manslaughter and you get 2, 3, or four years for that. now we move to the other charge, gun enhancement, three, four, or 10 years and the contradictory message is that the jury had to have concluded he intended to use the gun to the judge is struggling with these two messages, i think the fact he is struggling means 14 years is off the table. the only question is whether he is going to stick to that range for manslaughter. the judge has the option to say i am going to sentence him to pot toe gun enhancement and voluntary manslaughter but he is going to serve the sentences at the same time so if he gave him four years on each he would have a four year sentence or the judge could have him serve them one after the another. we will know in a few minutes what the judge's call is. >> royal, this is michael cardozza, the issue about the gun enhancement, why wasn't that discussed more fully before those instructions were

given to the jury? >> reporter: good question, michael and i think the answer is that in the trial as you well know it all happens so fast it is like a freight train ouof control and, of course there were arguments, there were motions about the jury instructions, and the facts came in fast and furious. i just don't think everybody thought it through as carefully as nay might and, of course as you know michael also there is the possibility, the jurors being laypeople and not trained in criminal law, they may have come up with inconsistent decisions and that is what is tying the judge's hands, that is what the judge is struggling with. it is very uncertain as to what the judge will do with that. we know of course from the victim's statements that they are very dissatisfied with the verdict. they think it is a case of murder but of course, the judge knows it wasn't murder because the jury said it wasn't murder, so he is going to disregard that aspect of their statement to the extent he takes into account the message trying to be sent by the community, who knows, but clearly these are issues that as you mentioned a

few minutes ago could very well work their way up to the court of appeal and the california supreme court to try to resolve a very thorny issue of what do you do with a cop on the beat who uses a gun? is he really the same as the guy who wants to hold up the 7- 11 or do you treat the policer differently? these are all issues swirling around in the judge's head trying disease prattle to do what is fair and what is right for the people and for the defendant in this case. >> now i know you were down there during the trial. during the arguments of pot the district attorney and the defense, did either one of them address this issue of the gun enhancement to the jury? >> reporter: oh, absolutely. it was a big issue. the defense's position was very clear, that the evidence was overwhelming, that officer messerly had absolutely no intention to shoot a gun. they showed the video over and over of him fumbling for the taser and then going for the gun. on the other hand the

prosecution had their point. they said there was evidence that messerly said i think he is going for his gun. and, of course what more rational information if you see somebody on the ground who is struggling, not showing his hands, who may be going for a gun, in that event you got to conclude that he did wednesday to soot that gun, we know he shot it. we know he drew it earlier in the day and therefore he was flam leer with it. >> royal, i know you mention the victim's statements a short time ag and claudine was telling us they were extremely emotional, very heavy, even oscar grant's you canel raising his voice, being told by the judge not to yell. how much impact to these statements -- these victim's statements have on the judge's sentencing decision? >> in a sense they have to make an impact because the judge is human. the judge is supposed to take these statements into account. very emotional situation. in another sense, though, let's face it, the judge lived

through the trial. he has strong opinions, very expensed. he knows all the evidence. the idea that he didn't have a solid notion about where he was going to come out on this sentencing before messerly made historiful statement, before the five family members made their statements, i have to feel he was locked in. now the fact that he said he was troubled by the gun enhancement issue, didn't know what to do with it and listened to hours and hours often arguments today from lowers for both sides, well that is a consideration, that suggests that maybe the judge still is mumming it over and maybe he is taking his full 15 minutes now to make up his mind but the bottom line is he has lived with the case for so long i have to feel he has a solid handle on where he comes out on this case and i think if you were a betting man you would say don't bet on from base, don't bet on 14 years, he is struggling with what middle point is fair to everybody. >> we would like to say to our viewers they are watching a special edition at noon today. if we can i would like