Here is a quote from the opening statement prosecutors are presenting. I was correct. He should be convicted of 2nd degree murder.
10:44 AM
Prosecution has finished its opening statements. Court is in brief recess, defense will start its opening statements in a bit.
"Tony, I thought he was going for a gun," Mehserle told fellow officer Tony Peroni a couple of minutes after the shooting, according to prosecutor David Stein. Stein spent the better part of two hours showing cell phone video and freeze frames to the jury and walking through the circumstances that led up to the shooting.
Stein told jurors that if you freeze the frames in the seconds before Mehserle pulled his gun, it shows Mehserle looking at his right hand (his gun hand) "he's looking at what he's doing," Stein said.
"What happened is much more than officers responding to a fight on a train," Stein told jurors, adding it was the result of emotions during an arrest. "It was the result of aggression taking over training." And for that, Stein said, "Mehserle should be found guilty of murder."