I think that the former officer will be better off staying in jail in my opinion, for his own safety. But here's todays news, he might post bail for $300,000 - which isn't that much if he has a co-signer.
http://www.ktvu.com/news/18620674/detail.html
Will BART Shooting Cop Post Bail?
Monday, February 2, 2009 updated: 10:21 am PST February 2, 2009
OAKLAND, Calif. -- Former BART Police Officer Johanes Mehserle might post a $300,000 bail Monday, but he may need to provide an additional $3-6 million in collateral to a bondsman first in order to cover a $3 million bond.
The collateral is guaranteeing the face value of the bail, said Mike Bowman, a bailsman with Calvin Elam Bail Bond.
It would be real property, thats the only thing Id take, unless they came in here with three million dollars cash, he said.
Oakland Mayor Ron Dellums' office issued a statement Friday mistakenly stating that Mehserle had been released from Santa Rita Jail in Dublin after posting bail, but sheriff's Sgt. J.D. Nelson said Mehserle remains in custody.
At a hearing last week, Alameda County Superior Court Judge Morris Jacobson said that he set a high bail of $3 million for former the former BART police officer because he thinks Mehserle gave an "inconsistent story" about why he shot and killed Oscar Grant III at the Fruitvale station in Oakland early New Year's Day.
Jacobson said it appears to him that Mehserle, who is charged with murder in connection with the highly publicized incident, wanted to "make up a story to avoid the consequences of his actions."
At a packed hearing that lasted nearly an hour, Jacobson said Mehserle told fellow BART police officers that he was going to use a Taser on Grant, a 22-year-old Hayward man, but after Mehserle shot Grant he told a colleague, "I thought he had a gun."
The judge said Mehserle's statements "seem to be inconsistent" because if Mehserle truly believed that Grant had a gun then Mehserle would have been justified to pull out his gun and use deadly force and wouldn't have needed to use his Taser.
Jacobson said that because he believes Mehserle hasn't been totally forthcoming about his actions he has "a lack of trust at promises that he will appear for future court hearings."
Before Jacobson ruled on Mehserle's bail motion, the former officer's attorney, Michael Rains, said that the shooting was "a tragic accident" and Mehserle only intended to use his Taser.
Rains said he thinks Mehserle should only be charged with involuntary manslaughter and consequently his bail should only be $30,000, which is the standard bail for that lesser charge.
Since surrendering to authorities on Jan. 14, Mehserle, 27, has been held without bail at the Santa Rita Jail in Dublin on charges that he shot Grant in the back while Grant was lying face down on the ground at the Fruitvale station platform when police responded to reports that there had been a fight on a train.
With emotions in the community still simmering, authorities increased security at the courthouse as Mehserle's made his appearance before Alameda County Superior Court Judge Morris Jacobson. A group in the hallway outside could clearly be heard chanting "We are Oscar Grant. We are Oscar Grant."
The group of protesters marched through the streets of Oakland after the bail hearing, at one point congregating at the intersection of 14th Street and Broadway, stopping traffic and clambering on top of an AC Transit bus. Though there were reports of one arrest by early evening, police seemed to have the streets under control as night fell.
Mehserle resigned the week after the shooting incident, which provoked widespread outrage and protests.
Using standard legal language, Jacobson said Mehserle is entitled to bail because he doesn't think there is clear and convincing evidence that there's a substantial likelihood that releasing the former officer from custody would result in great bodily injury to others.
Jacobson said no-bail status normally is reserved only for defendants facing the death penalty or other extremely serious crimes such as treason.
Rains was not immediately available to comment on whether Mehserle will be able to post bail.
A trust fund for the 4-year-old daughter of Grant has been set up, a spokesman for his family announced Friday afternoon.
Pastor Dion Evans said outside the Rene C. Davidson Courthouse that the Grant family is "extremely appreciative to the community and this country for the enormous amount of support and its strong involvement with us in this time of crisis with the BART Police Department.
"We have set up a trust fund for Tatiana so that she will have the opportunity to go to college despite the loss of her father," Evans said.
All donations can be made to the Tatiana Grant Trust Fund, account number 3879027641, Wells Fargo Bank, 950 Southland Drive, Hayward, Calif., 94545.