Defense Starts in Train Shooting Trial

Updated: Tuesday, 22 Jun 2010, 6:41 PM MST
Published : Tuesday, 22 Jun 2010, 6:41 PM MST

LOS ANGELES (AP) — A police officer testified Tuesday that a man who was killed by a Bay Area transit police officer last year resisted arrest and was subdued after being shocked with a Taser stun gun in 2006.

Sgt. Alex Hidas of the San Leandro Police Department was the first witness called by the defense in the trial of ex-Bay Area Rapid Transit officer Johannes Mehserle, who has pleaded not guilty to murdering Oscar Grant, 22.

Hidas said he pulled over a car in October 2006 that hadn't turned down its high beams. Three people were inside the vehicle, including Grant, who had an "item of contraband" on him, Hidas said. Grant initially complied but as Hidas made further commands, Grant got out of the car and ran away, the officer said.

Another police officer later caught up to Grant and used his stun gun that sent Grant stumbling into a parked car, Hidas said. Grant refused to show one of his hands to officers, so Hidas kicked him a couple of times to get him to comply, Hidas said.

"It was for our safety," Hidas said of his response. "I believed he was armed."

Jurors were prohibited from hearing that a .380 pistol was found about 20 feet from the site of the arrest, and Grant was later sentenced to 16 months in state prison for a gun possession charge.

Defense attorney Michael Rains sought to portray Grant, 22, as someone who hadn't yielded to police before. Rains has argued that Mehserle, who is white, struggled with Grant, who is black, before his client mistakenly pulled out his handgun instead of his stun gun and fatally shot Grant on New Year's Day 2009.

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