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The white former transit cop convicted of killing Oscar Grant in Oakland last year has been denied bail by a Los Angeles judge.

Twenty-eight-old Johannes Mehserle was sentenced on November 5 to the minimum possible prison sentence of two years for fatally shooting, Grant, an unarmed black man on an Oakland, California train platform.

The ex-BART officer sought to be released pending an appeal of his involuntary manslaughter conviction.

Friday, in what seems like a small win for the Grant family, Superior Court Judge Robert Perry was opposed to the idea of setting Mehserle free.

According to Judge Robert, he denied the former BART officer’s bail because he “didn’t think any of the arguments made by the defense met the legal standard for freeing Mehserle.”

Even with an unsuccessful appeal, with credit for time served, Mehserle could be eligible for release in about seven months. Mehserle claims he shot Grant by accident while reaching for his taser.