Pirone was "surprised" by Mehserle's act of drawing and firing his weapon, Creighton said.
The prosecutor said Mehserle told Pirone several minutes later, "Tony, I thought he was going for a gun."
But Creighton said Mehserle never said anything to Pirone about a gun during his attempt to gain control of Grant's hands and Grant was unarmed when he was shot.
"Mehserle's suggestion that he may have discharged his firearm in the mistaken belief that he was deploying his Taser is disingenuous in light of his claim that he thought the victim (Grant) was 'going for a gun,'" Creighton said.
The prosecutor said that if Mehserle thought that he and other officers were exposed to deadly force by Grant he "would not and should not have deployed a Taser" because he should have used a gun instead.
Creighton added that the position of Mehserle's Taser "in relation to his duty weapon, combined with the different 'feel' and color of the two weapons makes it highly unlikely that he would have mistaken one for the other."
At the bail hearing, Jacobson agreed with Creighton, saying he believes Mehserle's statements about what happened "seem to be inconsistent."
These are the statements of fellow police officers and the D.A. He said "I thought he was going for a gun" . So the tazer angle is just BS .