Apparently that is the story that the officer in this video that shot this unarmed, restrained man in the back is trying to use as his defense.

Friday, January 30, 2009

OAKLAND, Calif. — The former BART police officer accused of fatally shooting an unarmed man on a transit station platform told a fellow officer moments before firing his gun that he was going to discharge his Taser, according to a document released Friday.

Johannes Mehserle, 27, was ordered Friday to be held on $3 million bail on charges that he shot Oscar Grant III, a 22-year-old Hayward man, in the back while Grant was lying face down on the ground at the Fruitvale station platform after police responded to reports that there had been a fight on a train.

Late Friday afternoon, Mehserle posted bail and was released from jail, Oakland Mayor Ron Dellums’ office announced.

Here is a link to the full news article.

IF HE IS THAT INCOMPETENT TO MISTAKE A HANDGUN FOR A TASER, I HOPE THEY THROW THE BOOK AT HIM!!!!!!!