I think given the totality of circumstances, Mehserle should be convicted of second degree murder. If it was an accident, why not say as much after it happened? Why resign from your job? In the other six documented cases when an officer mistook his weapon for a taser, ALL made statements and NONE resigned. Not one fact points towards guilt, but combined they do ,imo. Oscar Grant may very well have been a thug, but did not deserve to be shot, let alone tased when it was pretty obvious he and his friends were complying with officers demands. They were sitting on their butts when Grant was pointed at and stood up. He didn't have to resist or comply, they jumped on him instantly.