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Should Oscar Grant have been arrested in the first place?That was one of the chief questions raised by prosecutors and Grant's family during a preliminary hearing that sent former BART police Officer Johannes Mehserle to a murder trial for shooting the unarmed train rider while arresting him Jan. 1.The hearing ended Thursday with an Alameda County judge saying he did not believe Mehserle's assertion that he accidentally shot Grant in the back after mistaking his Taser for his pistol.