but johannes mehserle got a chance to talk, too. sobbing, he said, "i with all my heart have been and always will be sorry for taking oscar from them. i pray one day they will find it in their hearts to forgive me." >> his message to the bay area was, of course, that he is so sorry that he took the life of oscar grant. he did not mean to. he lives with that reality every day, and he feels so sorry for the family. he apologized to them. >> he did not take responsibility for his actions. he never stated that. he put it back on oscar. he put it back on the young men on the platform. >> reporter: now, it was very emotional inside that courtroom. tears were shed by both families. and johannes mehserle himself sobbed through much of the proceedings. now, mehserle's attorney says with time served, he will likely spend about six to seven months behind bars. reporting live in los angeles, i'm jodi hernandez, nbc bay area news. >> jodi, you were obviously there in the courtroom. for the first time, judge perry revealed some of his perceptions

grant's uncle also said mehserle's repeated apologies today meant nothing because mehserle never faced the family. >> it would have been easily said to the family of oscar grant, to the mother of oscar grant, to the daughter of oscar grant. fiance of oscar grant. i am, mehserle, truly sorry for what i've done. >> at the end of the day, no one wants to have a view that the system does not work, that it's not fair. when it's thrown in your face, you can only help to see the contradictions. they promised to keep fighting. they want to plead their case. that will have to be a battle for another day. in los angeles, "ktvu channel 2 news." >>> oakland mayor's monitored the jobbed. he held several briefings. the final briefing was at 9:30 tonight when the mayor thanked the vast majority who listened to his appeal for non-violence. >> clearly for the most part in the city slightly north of 400,000 people that was honored. >> at the bart station in oakland where mehserle shot and killed oscar grant, riders had strong reactions, many told them they were surprised the prison term is just two year

grant's uncle also said mehserle's repeated apologies today meant nothing because mehserle never faced the family. >> it would have been easily said to the family of oscar grant, to the mother of oscar grant, to the daughter of oscar grant. fiance of oscar grant. i am, mehserle, truly sorry for what i've done. >> at the end of the day, no one wants to have a view that the system does not work, that it's not fair. when it's thrown in your face, you can only help to see the contradictions. they promised to keep fighting. they want to plead their case. that will have to be a battle for another day. in los angeles, "ktvu channel 2 news." >>> oakland mayor's monitored the jobbed. he held several briefings. the final briefing was at 9:30 tonight when the mayor thanked the vast majority who listened to his appeal for non-violence. >> clearly for the most part in the city slightly north of 400,000 people that was honored. >> at the bart station in oakland where mehserle shot and killed oscar grant, riders had strong reactions, many told them they were surprised the prison term is just two year

then mehserle stood and read a statement. it's tough for me to admit failure but that's exactly what happened. i wish i could bring mr. grant back. i am truly sorry my actions took the life of a son, a father, a brother. i hope some day they will be able to forgive me. then repeating part of what he told me in jail last week. >> i didn't want this at all. and i know they didn't want this -- and i will forever be sorry for what happened. >> reporter: robert perry then threw out the jury's gun enhancement. saying there was not enough evidence to show that mehserle intended to use his gun and not his taser. it could have been four years, he sentenced mehserle to two years for involuntary manslaughter. with credit already served in jail, 292 days, that means mehserle could be released from state prison in six or seven months. reporting live in los angeles, rita williams ktvu channel 2 news. >>> reaction to the judge's decision today was swift and it continues to grow. we heard from oscar grant's family members pretty soon after t

mehserle could be released from state prison in six or seven years. reporting live in los angeles, rita williams, ktvu channel 2 news. >>> the alameda county district attorney says she still needs time to decide what the next step will be in the case. nancy o'malley says, it is the sincere hope of the district attorney's office that this never happen again. >>> oscar grant's family and friends left the court in tears and some were downright angry about it. claudine wong has that side of the story. >> reporter: you could see it in the faces of people inside and outside of this courthouse. there was no mistaking the disaappointment that -- disappointment of the faces of people inside and outside of the courtroom. today was a day when emotions began to spill over very quickly. a fight broke out in the sidewalk outside of the courthouse and sever people were detained. a man was kicked out of the courtroom for an outburst. before the proceedings were everyone over, more than one person walked out of the courtroom because they were so upset. >> we're dealin

mehserle of murder. so we have to start with the fact that the absolute maximum sentence was going to be four years on involuntary manslaughter and it turned out to be the maximum because the judge decided to drop the gun enhancement charge. so once those things were done, both the verdict and the dropping of the gun enhancement we were talking about two, three or four. those were the only possibilities. >> so the gun enhancement let me ask you about that, how can that ever apply to a sworn police officer or does it mean that the judge believes that mehserle did mean indeed to pull his taser? >> once the judge decided that he accepted mehserle's argument of i thought i pulled the taser, pulled the gun by mistake it made no sense to have the gun enhancement charge. you can even make an argument, i would have made it, that the gun enhancement charge is really not destined to apply to a situation where a police officer who is sworn and authorized to carry a gun is carrying it. so i'm not sure if the gun enh

but johanas mehserle spoke out too. apologizing to the grant family and to the entire bay area. >> his message to the bay area was, of course, he is so sorry. that he took the -- the life of oscar grant. he did not mean to. he lives with that reality every day. and, he feels so sorry for the family. he apologized to them. >> grant's family says they don't been it. they say, justice has not been served. >> delayed justice is no justice. delayed apology is no apology. >> now the judge acknowledged there are no winners in this, only losers. he acknowledged that most people would not be happy with the outcome. and both sides are already considering appeals. reporting live in los angeles, i'm jodi hernandez. back to you. >> the saga goes on. thank you, jodi. want to take you back out live to oakland right now. right now in front of city hall. where hundreds of protestors began to gather earlier this afternoon. they are still there. they want to emphasize that the protests have been peaceful. people standing around. discussin

the same kind of mehserle's, holstered the same way. mehserle's attorney wants the judge to throw out the gun enhancement in the case. one that could extend the jents by up to 10 years. >> if it was error, for the judge to even instruct the jury they can find the gun enhancement to be true on an involuntary case. because the jury in order to convict of involuntary manslaughter had to make a determination that he did not intond draw, and fire a firearm. >> after four months in a los angeles county jail, mehserle's defense team wants the judge to grant probation w out the gun enhancement, the probable possible term is two, three, or four years. >> i think there is a likelihood mehserle could spend sometime in prison. and in order to avoid advise on -- prison the trial judge has to find this case presents unusual circumstances. >> now, our legal analyst points out that if a judge gives mehserle probation, it doesn't mean that he will get no jail time for instance, the judge could give mehserle as a condition of the probation, more time in

---le parece justa la sentencia a mehserle? mehserle? ---hasta aqui "tu voz en la comunidad" ...mpaÑandome en noticiero telemundo 48 a las seis .... .... --- porque el entrevistado de mr. peligro, canta narco- corridos pero dice que no tiene miedo a nada !!! y se presenta este fin de semana en la bahia .... ya volvemos con el y su musica !!! !!! ---- nos despertamos con temperaturas que descendieron hoy ... pero se mantienen agradables ... vamos a ver que pasa este fin, con ariel rodriguez y el pronostico. =el pronostico de ariel en noticiero telemundo 48, a las seis y a las once, cubriendo toda la bahia=dos sistemas de baja presion llegan a las costas de california a provocar un cambio de tiempo...el primero llega el sabado al sur de la bahia y estara mas debilitado....el segundo llegara el domingo y provocara mas lluvias que podrian ser intensas a traves de la region...por esto veremos temperaturas mas frescas en el rango de los 60 en las tardes...==== la penultima fecha del torneo apertura del futbol mexicano arranca esta noche con el partido entre estudiantes tecos y toluca..

we also talked to johannes mehserle. live here in los angeles claudine wong congress. >> before you go i know we talk the about last time. mostly it was peaceful protests. a lot of people that go out and lute the store and do damage. i don't know how they care about the case they are out there as an excuse. we were wondering if police are considering one more reason more people might be out tonight regardless of the sentencing. >> reporter: certainly that is something they are considering. there was a lot of tk when this date was set that it was a friday that people could plan for it. they didn't have to work the next day. and people were worried police officers were worried that would cause more people to come out. the verdict we didn't know if it would come in two hours or two days. it was a little hard to predict. however when we talk to the police chief and talked to other officers that are in charge of monitoring the situation. they have been watching the energy. and they said the energy level as far as certain kind

and mehserle right now is sitting in jail. and when it comes back he could do substantially more time. >> thank you very much. and thank you. >> and there is a lot more news to get to tonight. a first demand police are looking for in connection with the murder of a san francisco socialite. >> and just ahead of a partly rainy weekend. and there is your outlook coming up. >> this is a street light in front of my mother in law's house. >> remember send us your video. we help you fix it. tonight assistance for a north bay neighborhood. >> and your insurance company ows money, but won't pay. now what? >> closed captioning brought to you by mancini >>> san francisco mees released a sketch of a person of interest in the murder of a 45-year-old. investigators are looking for m this man. he was wearing a hard hat, utility vest, carrying a tool box. he may have an injured hand. police say the man got into the russian hill apartment building posing as a utility worker friday night. they believe she was killed sometime around 7:00. >> thi

the boaters were treated for mild hyper thermae. >>> yeah hans in mehserle remains -- johannes mehserle remains in jail. friday a los angeles judge sentenced mehserle 22 months ago. judge robert said he believes mehserles testony that he grabbed his pistol instead of his pistol. >> this fellow deserves jail i'm. i'm not sure it's worth. >> it's still a very harsh punishment. >> now the judge gave mehserle credit for the time he's already served behind bars. that means mehserle will be eligible for reedes -- release. >>> a day of peaceful protests ended in an angry confrontation. police in riot gear arrested 152 demonstrators. officers say the march turned into a melee. police milterrized downtown oakland and hit the streets looking for a fight. many business owners will reopen their stores for the first time since friday night. they spent most of the weekend cleaning up. vandals broke several windows but the scale of destruction was less than earlier bart shooting progress tests in that same area. now we do have continuing coverage of the mehserle case on our channel website ktvu.com. c

i'm janelle wang, three hours from now the state of johannes mehserle will be determined. the sentencing of the former bart police officer convicted of involuntary manslaughter for killing oscar grant nearly two years ago. >> i'm terry mcsweeney live in oakland, a city bracing for that sentencing decision today. i'll tell you exactly what police and businesses are doing and saying about it. >> a picture of downtown san francisco, what you don't see is the fog creeping back into the bay. cooling trend is in for some. record highs for others, i'll talk about when the rain and cooler weather gets here for all of us in the forecast. >> friday, traffic is light right now. live shot on toll plaza, no accidents. >> 5:29. on this friday, thank you for spending the morning with us. >> the city of oakland is hoping for the best but getting ready for the worse when johannes mehserle is sentenced. he was convicted of involuntary manslaughter in the shooting death of an unarmed passenger, oscar grant and that triggered rioting in the oakland streets when he was convicted. terry? >> i g

he could sentence mehserle up to 14 years in prison or he could release mehserle time served. >>> a firetroyed a home. a woman that was home at the time got out safely but her dog did not and died in the fire. >>> just a couple of minutes ago the labor department reported twice as many jobs were created in the month of october as the analysts had expected. however, the labor department still says the jobless rate remains at 9.6%. >>> mountain view police are still looking for a man that ran over one of their officers. they are questioning this monoon sunday evening when he jumped into his car and drove off nearly hitting the officer. minutes later police found the car crashed into a home but he left the scene. >>> a man is -- police were called to the parking lot of a shopping center on north mcdough boulevard when they arrived they say they found 47- year-old william boom aiming a shotgun at two people sitting inside a car. he surrounderred. police say boone knew the victims. >>> a richmond woman accused of abandoning her 18-month-old son is facing child endangerment. they arrested 40-y

. >> 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 wh

the hearing -- sentencing hearing for former bart officer, yohanes mehserle -- johannes mehserle will begin shortly. you're looking at a live picture outside will take place. judge has a lot ofly way -- of leeway. he could sentence him to 14 years in prison. or release him to time already served. legal experts expect something in between. >>> i'd be very surprised if the judge goes to either extreme to give probation or to give the full 14 years. i think would be pretty shocking. i think most people are betting that he'll come up with some sort of a middle ground, something around four years in prison. >>> ktvu's claudine wong is inside the courthouse. just called us from inside. no cameras are aloud -- allowed. she told us that mehserle has arrived, along with the prosecution team. the family of grant has also arrived at the courthouse. we're going to hear from claudine, live later in this hour. >>> it will not be business as usual today, in downtown oakland, as business owners brace for any reaction, after any sentencing is announced. ktvu's tara moriarty joins us live with that par

=== mehserle==== ---como le decia, llego el dia de la sentencia para el ex- policia mehserle------un en los angeles le dio 2 mehserle, por imprudencial a homicidio por el delito de aÑos de carcel angeles le dio 2 ---un juez en los ---un juez en los angeles le dio 2 aÑos de carcel por el delito de homicidio imprudencial a mehserle, por la muerte de oscar grant durante un incidente la noche de aÑo nuevo del 2009, en una estacion del bart en oakland y provoco, como se esperaba, reacciones en la comunidad de oakland------vamos a ir primero con mi compaÑero cesar bayona, quien estuvo en la manifestacion que se organizo despues de conocerse la sentencia, para que nos diga que fue lo que sucedio--- cesar ! ---y esta noche en nuestro tema de discusion: queremos saber que piensa usted sobre la sentencia al ex policia del bart convicto por matar a oscar grant .... ¿le parecio justa ?---mas adelante, abriremos nuestras lineas telefonicas para que pueda usted opinar ... en vivo. ---el numero gratis es el 1- 866-229-4848 o escribanos a noticiero 48@telemundo.com ----nos vamos de voladita a la pri

riiates and looting did break out when the johannes mehserle verdict was announced. but the city has received no word about potential problems. >> you will not see a lot of police officers on the front line, we don't want to be the center of causing any issues or problems long those lines. but we have enough staffing for any contingencies, plans for problems. worst care scenarios that will take place, we will be ready. the businesses have to make their own personal decision on what they want to do. the city is not boarding up our facilities, we are not closing down early. we will be open for a full day's business. we don't have any intelligence that says we will have anything that will be out of hand. we have one permit, they will have about a thousand people. i know the family of oscar grant wants to put on a peaceful art show, during 2:00 to 4:00 and they will have another assemolog, they have their own security. the family made it clear that they are looking for peaceful assemblage. they are dealing with the loss of their child and they don't want to make that int

mehserle's attorney is asking the judge for probation arguing that sentence would not leave mehserle unpunished because he has already lost his career and has now served more than 4 months in custody. we are getting early reports that mehserle has taken the stand. that sentencing should be handed down in the next 30 minutes. the courthouse in a break right now. after the break we may have a decision in the case. >> thank you, mark sayre. we should tell you cbs 5's robert lyles is in the courtroom. we expect to hear from him the moment the sentence is hand down. now, back in july, there was violence in oakland after the verdict was read in the case. today, oakland police are saying they are ready for anything. anne makovec continues our coverage in oakland with how businesses are handling things this afternoon. anne. >> reporter: yeah, here in downtown oakland, some businesses are boarded up but some are not as you can see right next door. and across the street, the exact same scenario. some just leaving caution to the wind and others making all of the preparations. police, though, as

in four hours from now the fate of johannes mehserle will be determined. the sentencing of the former bart police officer accused of killing grant. >>> also in the headlines, pg&e says costs related to the san bruno explosion could be up to one billion dollars but it could cause rate hikes. >> downtown look, going to be sunny, warmer than average but cooler weather and update to you on the rain for the weekend. >> and although we've had a couple early morning accidents, so far traffic is light. >> and promise from the jobs report. but the economy is still struggling to recover. >>> thank you so much for joining us will i'm eric thomas. >> and kristen sze. former bart police officer johannes mehserle will learn if he goes to prison or walks out of jail. his sentencing begins in four hours. janelle wang joins us in the newsroom to begin our coverage. >> johannes mehserle could anything from probation to 14 years in state prison for the fatal shooting of oscar grant. a jury convicted mehserle of involuntary manslaughter with a gun enhancement this past july.

when mehserle is sentenced in an l.a. courtroom, activists here in the bay area plan to rally in support of oscar grant's family. between 2:00 in the afternoon until 10:00 tonight, supporters will gather for performances and speeches in front of oakland city hall. they are asked to bring flowers and cards and pictures in peaceful memory of oscar grant. >> concerns things could get ugly based on the sentencing and businesses are being prepared. today in the bay's christie smith live in oakland to show us what they are doing. christie? >> they are doing a couple of things. some are posting pictures of oscar grant to let them know they have sympathy for their cause. others are taking no chances. they are boarding up all their big windows. this is california bank on 20th and franklin. on this corner alone, there three businesses board up. another bank also the nurse's association is boarded up this morning. we are hearing the state board of equalization will close early. others taking the day off all together. they don't want

mehserle, facing up to 14 years. what does the judge have to consider and how much leeway does he have? >> you can go anywhere from probation to 14 years, but the judge will have a very detailed probation report. the probation department will have interviewed witnesses and come up with aggrevating and mitigating factors and both the prosecution and defense that also provided the judgment sentencing based on the there will be testimony from mehserle's family, colleagues and friends and grant's family as well. >> based on what happened after the verdict was announced last july and we witnessed the partial destruction of oakland, will the judge consider the public reaction tomorrow? >> certainly, this is a very difficult sentencing case for the judge and the civil unrest component makes it more difficult. he can not consider that. clearly, the judge is aware of the potential for civil unrest and it's important for the judge to explain to everyone when he reaches a sentence, why he reached that sentence. that could demin

>>> tomorrow is the day a judge will sentence johannes mehserle for the shooting death of oscar grant almost two years ago. the sentence could depend on how the judge interrupts the jury's verdict. tonight we have team coverage, including a look at the possible outcomes, plus how oakland is preparing for protests in response to the sentencing. kron 4's jonathan bloom explains the process. >> reporter: there is no arguing about what happened that new year's morning. now the big question is, what did the jury mean when they contradicted i am jom of involuntary manslaughter. the defense says the jury misunderstood the judge's instructions. prosecutors say the jury knew exactly what he was doing. who the judge believes could have staggering implications. if he sides with the defense, the judge could set aside the gun enhancement and sentence him to a few months in jail. if he believes the prosecution the judge could spend him to prison for up to 10 years. prosecutors argued their case saying grant never did anything to warrant being arrested. in that position they say grant did not pose a

it was mehserle's turn.e stood facing the judge, cried and said i have never and will never question the love shown by grant's family. i'm truly sorry my actions took a son, a father, a brother and uncle. >> to me this is only to come immediately. now i don't know if it's constrived. >> i have never understood and i will never understand how in the world the grant family continues to insist that he's not remorseful and that he's not expressed his remorse before today. >> mehserle's attorney michael rain has already filed an appeal to the involuntary manslaughter conviction. the prosecutor said they will appeal the decision to throw out the gun enhancement, laura anthony, abc 7 news. >> a parolee is under arrest for robbing and killing a san francisco socialite. 46-year-old kathleen horn was found dead inside her russian hill apartment last saturday. the suspect gary scott holland posed as a utility worker to get into her apartment building. police haven't released a photo of holland but yesterday they distri

police officer johannes mehserle. oakland is bracing for violence on the streets on his sentencing day. >> people are boarding up their businesses, saying they are expecting riots. that promotes that mentality. >> reporter: that mentality was reality in july when the verdict was read and january 2009 days after he was killed. merchants are boarding up their businesses just in case. people are concerned for their safety. this woman will work from home. >> we are trying to stay clear of the area. we are hoping people act accordingly and take into consideration people's money and people's businesses. >> reporter: if not police chief says his department is prepared. >> we're prepared for a worst case scenario, if we do have crowds and people act orderly, with will facilitate that, if they become dysfunctional or do illegal activity we will move in quickly. >> reporter: the guys are hoping the mural will be completed by tomorrow. protests are scheduled for tomorrow in front of city hall. >> we hope it will be a peaceful af

mehserle says he mistakenly pulled his gun when he meant to pull his taser. they convicted him of involuntary manslaughter and gun enhancement making it maximum sentence of some years in state prison. this morning the judge indicated he is troubled with that. it's clear beyond any doubt that mehserle used the gun but he honestly believed he had a taser in his hand and he did not intend to shoot the gun. they started by thinking about getting into the minds of the jury and try to find out why they did what they did. one person has becoming a symbol of white cop killing a person. >> and they asked for a new trial but the judge indicated he won't grant a new trial. he is inclined to respect the jury's verdict of involuntary man alert the at that moment the grant supporter shouted out, that's right. he was taken out of the courtroom by a based. we have a reporter inside the courtroom right now and as soon as the judge hands down a sentence we will break into programming. keep it here on abc7. >>> most of the people outside the courthouse have been peaceful there

now, with the time served, mehserle will likely serve seven months in prison. decision sparked protests last night in downtown oakland. more than 158 people were arrested charged with vandalism and unlawful assembly. grammy award winning rap star ludacris made a bay area appearance not at a club or stadium but a san francisco high school. he's part of a campaign called "get schooled." as lee an mer ren dez explained, the idea is inspire kids to graduate and go on to college. >> students at marshall high in san francisco were energized by mtv host slade callaway. he came with a message. >> what do you wanna be when you get out of school? you wants to be a lawyer? who said a lawyer? >> san francisco was one of ten cities visited by get schools, a campaign to encourage students to go on to college. but it's not their teachers or parents telling them this, it's the performers they hear on the radio or their i-pods. >> talent but they listen on a daily basis, hear on the radio and we have an opportunity to reiterate that message and do it from a source that's unexpe

but johannes mehserle got a chance to talk, too. sobbing, he said, i, with all my heart have been and always will be sorry for taking oscar from them. i pray one day they will find it in their hearts to forgive me. >> his message to the bay area was, of course, that he is so sorry he took the life of oscar grant. he did not mean to, he lives with that reality every day, and he feels so sorry for the family. he apologized to them. >> he did not take responsibility for his actions. he never stated that. he put it back on oscar. he put it back on the young men on the platform. >> reporter: mehserle's attorney says with time served, his client will likely spend about six to seven months in prison. in los angeles, i'm jodi hernandez, nbc bay area news. >> thank you, jodi. oakland police say they're going to continue to monitor the situation in the city overnight. they're going to maintain extra forces on duty throughout the evening. we'll, of course, keep our eye on the situation as well and we'll keep you updated on air and on line at n

riots haven't solved nothing. >> our coverage of the mehserle sentencing continues online.e have dedicated a large portion of our front page to every detail on this case. just log on to www.kron4.com. we will be right back p >>> much cooler out there today, and the cooler weather continues through the weekend with rain on sunday. so tomorrow, temperatures inland not too bad. we'll be in the low 70s, but elsewhere in the 60s, and the cooling continues into sunday as a pretty strong storm moves in. let's take a look. the clouds that we've been seeing streaming in. a little bit of a spinning down here, it's kind of hard to see, but that's the storm that's going to be driving down to the south, and maybe even a chance for some sprinkles in the south bay. you can see very well defined, lots of moisture, that's going to move in on sunday, and it's going to bring some pretty can't rainfall with it, as well. 5:00 in the morning on sunday, moderate rainfall. and 7:00 in the morning, look at this band of very heavy rain showers. the orange there on your screen. so the heavy rain will

mehserle says he mistakenly pulled his gun when he meant to pull his taser. they convicted him of involuntary manslaughter and gun enhancement mang it maximum sentence of some years in state prison. this morning the jue indicated he is troubled with that. it's clear beyond any doubt that mehserle used the gun but he honestly believed he had a taser in his hand and he did not intend to sho the gun. they started by thinking about getting to the minds of the jury and try to find out why they did what they did. one person has becong a symbol of white cop killing a person. >> and they asked for a new trial but the judge indiced he won't grt a new tri. he is inclined to respect the jury's verdict of involunty man alert the at that moment the grant supporter shouted out, that's right. he was taken out of the courtroom by a based. we hav a reporter inside the courtroom right now and as soon as the judge hands down a sentence we will break into programming. keep it here on abc7. >>> most of the people outside the courthouse have been peaceful there was a small scuffle

we will hear from johannes mehserle. and finally he will rule on a motion if he denies that motion it will be on to sentencing. he could get from probation all the way up to 14 years in prison. continuing coverage live in oakland there are several demonstrations that are planned by the grant family they want peace but they want acknowledgment of oscar grant's life. they don't want violence the city is standing by for anything. willis' life from oakland. you've got to police and the put people. what are they sang. >> people hope that johannes mehserle get time somewhat maximum sentence and there's a seven-eight years. we will wait and see. people down here think it's a normal day because it seems so easy going despite waiting for the sentencing. people are coming and going there is a farmer's market open for business. despite anything that may happen over there there is a sacred tenet to place. before the verdict people boarded up the shops but not this time. i only saw a handful of places. most places look like this nake

clark, mehserle's family, their testimony? >> both sides will come out and put on evidence about their relative positions. mehserle's family will likely testify, his friends, his colleagues, fellow officers will also testify as to his character, asking the judge for mercy to give a shorter sentence than what the prosecution is going to seek. >> let's say that the judge does consider a retrial. would that involve a retrial of the entire case or only the gun enhancement issue? >> i don't think the judge will grant a new trial on the entire case. but if he finds that the gun enhancement should not have applied, you could have a small retrial on that issue which would then delay the sentencing of johann eses mehserle. >> count on nbc bay area news for complete coverage of the johannes mehserle sentencing. you can get the latest online. >>> tomorrow a hearing to see if philip garrido is fit to face trial will have to wait till next year. the man accused of kidnapping and raping 11-year-old jacy dugard. he wants to give psychiatrist

in a few short hours, mehserle will learn his fate. his attorney said he is trying to keep a positive attitude. his family on pins and needles too. we have the report from los angeles where sentencing will be read. >> reporter: in a few short hours, johannis mehserle will learn his fate. he is doing his best to keep a positive attitude. oscar grant's family is on pins and needles too. >> i'm not just nervous. i'm terrifieterrified. >> mehserle's lawyer spent the evening gearing up his client for what he expects to be a very tough day. >> i said don't count on the way you think it should go and i think it should go. it never happened yet. >> a jury convicted him of involuntary manslaughter with a gun enhancement. they insist the killing was nothing more than a tragic mistake. >> this was not a man who would take the life of a human being. he is a man who went into law enforcement to protect, not take life. >> it is our prayer that they allow us to see the justice system at work by giving him the maximum of 14 years. >> not even the max

>>> an expert weighs in on the chance johannes mehserle could get off easy. good morning, it is friday, the 5th of november. i'm sydnie kohara. >> good morning to you. i'm juliette goodrich. let's get a quick look at our traffic and weather. let's first start with elizabeth wenger on our commute. good morning, elizabeth. >> good morning, ladies. let's start out with an accident southbound 880 approaching auto mall parkway. a car into the guardrail just cleared to the right shoulder. westbound 92 looks like we are having some issues with our san mateo bridge camera but traffic is moving along fine right now across the span. let's check in with tracy with a look at our forecast. >> thanks, elizabeth. changes ahead will be impacting our weekend forecast. cooler temperatures and rain showers, yeah, that's the weekend. we'll take a look at that seven- day forecast in just a few moments. >> thank you. >>> by noon today, we should know how long johannes mehserle will spend in prison for killing oscar grant. this morning, oakland is getting ready. let's go to anne ma

and that mehserle stood with his attorney and read a statement he held in his cupped hands. he says, i'm truly sorry my actions took the life of a father, son, nephew and brother. i'm forever sorry for taking oscar from them and i hope someday they can forgive me. >>> judge robert. then throughout the jury's verdict of gun enhancement that could have added 10 years to a sentence saying there was not enough evidence to show that he intended to use his gun and got not his teaser. he listens to two years in federal prison for involuntary manslaughter. it could have been for years. >> with 290 days credit for time served in jail, johannes mehserle could be released from state prison and six or seven months. rita williams. >> back here in the bay area, we know that protesters are on the move in oakland. we are following the protesters. mike, can you tell us where you are? >> i am walking along fifth avenue and passing foothills. and we are heading east on fifth. >>> coming into the end of this, i got sandwiched in about a half hour ago by police and riot gear, kicked down a littl

that's the sentence for johannes mehserle, who was convicted of involuntary manslaughter for the shooting death of oscar grant in 2009. but mehserle is getting credit for time already served, which means he could be free in less than a year, and that has a lot of people outraged in oakland. protesters held a rally, but when that wrapped, many of the protesters took to the streets, and that's when police stepped in. the demonstration lasted almost three hours. scores were arrested, and there was some damage. our team coverage tonight starts with kron4's jonathan bloom. >> well, pam, we are standing in the middle of what has become an empty street. you can see that police have really cleared things out in just the last half hour, have completely packed up and gone home. let's look at some video from a little bit earlier this evening when you can see that police were arrested scores upon scores of protesters. a few minutes ago, police told us in all, they will have arrested well over 100 people who were marching with this protest as it left city hall and made its way towards the bart station

claudia rodas" nos presenta un recuento de las protestas de hoy, en respuesta a la sentencia de "mehserleombre fue arrestado por, presuntamente, hacerse pasar por un trabajador de obras publicas para meterse en un edificio de departamentos, donde habría asesinado a una mujer. --"gary scott holland", de 43 aÑos, es acusado por las autoridades de san francisco de la muerte de "kathleen horan" de 46. --segun las autoridadades, el sospechoso entro a casa de la victima con el pretexto de que estaba buscando una fuga.--el cadaver de la mujer fue encontrado el sabado por la maÑana en su departamento de "russian hill." --"holland" estaba libre en libertad condicional por intento de homicio, en un hecho ocurrido en fresno. ---un anciano blanco abordo un avion en "hong kong", pero se convirtio en un joven asiatico en algun lugar sobre el paÍfico.---en una increíble violación de la seguridad, el pasajero, disfrazado con una máscara que le hacía parecer décadas mayor, burló a los guardias de seguridad para abordar un vuelo de "air canada" el pasado 29 de octubre.---al parecer, el hombre burlo a vario

moen more fall yut from the johannes mehserle sentencing tonight.he supporters of oscar grant spent the evening discussing new ways to suppress -- express their outrage of the sentence. >> they're so upset at the june, they're thinking about doing something that would be extremely difficult if not impossible. tossing the judge off the bench. another saturday night strategy session. every week since the oscar grant killing, his family and supporters have gathered at the baptist church, this time plotting their next move after the johannes mehserle two-year prison sentence. >> we're fighting these charges. we don't accept them. just like we don't accept the decision by the judge to give mehserle a slap on the wrist. >> the judge tossed out a firearm conviction and gave mehserle the minimum prison term after doing he did not intend to kill oscar grant with his service weapon. >> taking a look at the procedures to have a judge removed or reprimanded. >> mehserle's attorney was quick to respond. >> that's laughable. that's my first response, it's laughab

we'll let you know. >> mehserle plans to appeal the conviction. the multimillion dollar civil rights suit the grant family filed against mehserle and bart will begin next may. >> now authorities in oakland are assessing the damage from friday night's protest over mehserle's sentence. more than 150 arrests were made mostly for unlawful assembly. more than one-third of those arrested were not from oakland. more charges are expected as police investigate acts of vandalism. abc 7's lisa amin gulezian follows up. >> one by one those arrested walked out of oakland's jail. most were charged with unlawful assembly, a misdemeanor, that's infuriating those arrested. >> we are guaranteed our right to assemble. we assembled in protest of the two-year sentence that mehserle got for killing an innocent human being. >> i was surprised because i felt we weren't doing anything wrong. we were just marching down the street. >> hundreds fill the streets after a peaceful rally at franco's plaza. but vandalism followed. cars were smashed, windows broken, and fences des

johannes mehserle convicting of choosing to shoot grant. if he sides with the defense which claims the jury found him guilty of a tractor accident the judge could set aside that gun enhancement and charred sentenced to probation or a few months in jail. if they believe it's intentional shooting he could go to prison for 10 years. prosecutors argued in briefs. grant never should of been arrested to begin with, in that position he did not pose a threat so he had no reason to reach for i weapon. in the hours after the shooting he showed no remorse and never checked on oscar grants conditions. lawyer said well reaching for his trees are he drew his gun by mistake which means he cannot be guilty of intentionally using it. and officers who killed by accident are not usually sends to present. he has already been punished enough in other ways they feel. >> as we watch this develop there is one planned protest in oakland supporters of oscar grant will gather in response to the sentencing as an event they're calling a day to honor oscar grant. riots

. >> sentencing day johannes mehserle. >>> it's a rude awakening in the bay area. the damage after a car slams into a house. good morning, it is friday, november 5. i'm good good. >> i'm sydnie kohara. team of is 6:00. let's get you out the door now with a quick look at traffic and weather. >> no problems and the roadwork is picked up. 89 only issue is visibilities problem across the golden gate bridge. nothing is an issue through the waldo grade. but no delay and light traffic across the span. bay bridge, no metering lights, no delay. we'll have much more on your morning commute coming up. in the meantime, let's get an update on your forecast. here's tracy. >> hey, thanks, elizabeth. change is ahead. today we are cooling down a bit and through the course of the weekend even cooler temperatures and a chance of rainfall moving in for sunday. we'll have a dip in temperatures. more coming up. >>> by noon today, we should know how long johannes mehserle will spend in prison for killing oscar grant. this morning, oakland is getting ready. let's go to anne makovec in oak

-- convicted mehserle for shooting unarmed grant in the back, new year's day 2009. perry dismissed a gun enhance thamt could have gotten the 28-year-old an additional 10 years because says there was no evidence he intended to shoot grant. >> the judge said that he's clear oscar was resisting arest. so the judicial system is saying yes. oscar is at fault. >> those rulings were consistent with evidence and were absolutely appropriate. the district attorney should be ashamed of its self for the way it's conducted this prosecution. >> grant's fiancee said quote i hurt when i see my daughter growing up with out a father zand johnson saying quote i told my son to take bart. the people supposed to protect and serve took his life. facing a judge mehserle said quote to my regret i will never be able to bring mr. grant back. very to live with that reality. he feels so sorry for the family. he apologized to them in the z.the public. he said he knows that this case that his actions have set back relations between the law enforcement community and community. outside court pro te

the very latest on jail time for johannes mehserle. new details where the former bart police officer will serve his sentence. >>> and we are just hours away from an official report on who will be the next mayor of oakland. >>> cool out there this morning. 30s and 40s. it will be sunny today. forecast coming up.

mehserle got two years but minus time served for his manslaughter conviction.enhancement that could have given him ten years was dismissed. there was no evidence that he intended to shoot grant. >> they were consistent with the evidence. those rulings were absolutely appropriate and district attorney of the alameda county should be ashamed itself the way it's conducted the prosecution in this case. >> the judge's decision angered grant's family outside the courthouse where the trial was moved. >> so this case does nothing at all -- it goes to continue the polarization. >> mehserle addressed the court before he was sentenced. he cried and apologized for his actions. with time served he will likely serve seven months in prison. the judge's decision sparked protests. more than 150 were arrested and charged with vandalism and unlawful assembly. grammy award singer ludicrous made an appearance. he is part of a campaign called get schooled and education reporter lyanne melendez explains the idea is to inspire kids to graduate and go on to college. >> students at mars

but mehserle's conviction is not ordinary. the jury found the former bart cop guilty of the lesser crime involuntary manslaughter in the killing of oscar grant but added the illegal use of a gun raising the sentence 10 years. that was a gun enhancement. applauded by the d.a. david stein and grant's family, but weisberg believes that's where judge perry made a mistake. >> i think it should be thrown out. i think the judge is reluctant to do that. that doesn't make sentence when -- that doesn't make a lot of sense when applied to a police officer, who is expected to carry a gun to the scene. >> reporter: so weisberg believes that opens the door for michael rains mehserle's attorney, to argue the jury bought the defense of weapon confusion. so the gun enhancement should be tossed. if not, run concurrent. what's that mean? a lesser sentence. the judge can also consider time served. so does that mean the possibility of probation? >> i would be very surprised if he got probation. i would rather say that the judge would look at this

>>> business owners in downtown oakland take precaution ahead of tomorrow's sentencing of mehserle. good evening everyone i'm frank somerville. >> and i'm julie haener. oakland police say they will be prepared tomorrow for whatever happens after a judge sentences a former bart police officer for the shooting death of oscar grant. store owners post notices saying they will be closed tomorrow, others are advising workers to work from home. our coverage begins with jana katsuyama, she's live in downtown oakland with the story, jana. >> some business have already boarded up their windows. i want you to take a look across the street, we want to show you some artists that are painting a mural in oscar's honor. the sounds of hammers and boards going up is all about prevention. >> last time it was ugly. very ugly. our neighbor next door got the windows busted and everything. so hopefully it's not going to happen, but we're still worried. >> in downtown oakland, memories are still fresh from the july 8th mehserle verdict. trouble makers broke off from a peaceful protest and began setting fir

(music) live this is kron4 news in use at four >> and our big story @ for cost kids hit johannes mehserle was convicted of killing oscar grant's and has now been sentenced to two years in prison. >> the judge said his decision to sentencejohannes mehserle was based on evidence. when a convictedjohannes mehserle i'm manslaughter they made the point that he mistakenly it pulled his gun when he was supposed to pull his taser. because there was no intentions to pull the gun it could have given him an additional 10 years in prison. the family of oscar grant's was not pleased. >> we are talking about murder. if the man goes to prison and he gets bored years then of course two years a is not enough. >> this is america. you may want it does not necessarily happen. >> johnson was one of five family members to give an emotional testimony earlier during the day and they talked about how their lives have changed since he has been killed and howjohannes mehserle should be given to the full 14 year-old sentence. they said with all my heart he is sorry for taking oscar from that and he does prayed that

>>> business owners in downtown oakland take precaution ahead of tomorrow's sentencing of mehserle. good evening everyone i'm frank somerville. >> and i'm julie haener. oakland police say they will be prepared tomorrow for whatever happens after a judge sentences a former bart police officer for the shooting death of oscar grant. store owners post notices saying they will be closed tomorrow, others are advising workers to work from home. our coverage begins with jana katsuyama, she's live in downtown oakland with the story, jana. >> some business have already boarded up their windows. i want you to take a look across the street, we want to show you some artists that are painting a mural in oscar's honor. the sounds of hammers and boards going up is all about prevention. >> last time it was ugly. very ugly. our neighbor next door got the windows busted and everything. so hopefully it's not going to happen, but we're still worried. >> in downtown oakland, memories are still fresh from the july 8th mehserle verdict. trouble makers broke off from a peaceful protest and began setting fir

. >>> johannes mehserle remains in the los angeles county jail. the former bart police officer will likely stay there until his bail hearing in two weeks. last friday a judge in los angeles sentenced johannes mehserle to two years in prison for the fatal shooting of oscar grant 22 months ago. the judge said he believed johannes mehserle's testimony that he confused his pistol for his taser. >> this judge felt this fellow deserves jail time. i don't think it's worth the max but i'm also not going to give him probation. so he split the baby. >> it's still a very harsh punishment. it doesn't stack up in a lot of people's minds for shooting someone in the back. >> he will be ebb believe for release in about seven months. >>> the street violence that followed the johannes mehserle sentencing has ignite another debate. a day of peaceful protests ended in an angry confrontation between protesters and police in downtown oakland friday night. some protesters claimed police militarized the area and were looking for a fight. >>> many business owners in downt

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