saying, yes, oscar is at fault records he is referring to the moment the 6 5 former bart cop stood in a bright orange jail jumpsuit and red a statement saying, if i could bring mr. grant back i would. he said, my intention was to control mr. grant with the taser but that failed and that cost him his life. judge perry was persuaded telling prosecutor david stein he made several mistakes of evidence to the jury. judge perry said the jury should have been instructed mistake of fact is a defense to involuntary manslaughter. and without that instruction, the jury could not convict mehserle of an enhanced gun charge. so the judge threw it out. john burris calls the judge and his decision racist. and every family in this country whether they are african-american, they will have this real sense that there is no justice for african- american young men who are shot and killed by police. reporter: the judge ruled since oscar grant was killed through no fault of his own, mehserle ha