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Killing of Oscar Grant

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Oscar Grant III
File:2009-bart-shooting.jpg
Seconds before Grant was shot in the back by BART Police officer Johannes Mehserle.
Born1986
DiedJanuary 1, 2009
Oakland, CA
NationalityAmerican
OccupationButcher at Farmer Joe's Market in Oakland's Dimond district
Known forKilled by police while unarmed

The BART Police shooting of Oscar Grant III occurred on January 1, 2009 in Oakland, California.[1] At approximately 2:15 AM PST, Bay Area Rapid Transit Police officers held Grant in a face-down position on a train platform at the Fruitvale BART Station, when Officer Johannes Mehserle shot Grant at point-blank range in the back.[1] Grant died seven hours later at Highland Hospital.[2]

Onlookers captured the shooting with cell phones and cameras which were later submitted to local news outlets. The shooting led to riots in Downtown Oakland on January 7. [3]

Mehserle resigned from the BART Police Department and retained legal counsel. He has not answered any questions from the news media or any one of the law enforcement agencies now investigating the incident. Mehserle has not been arrested or arraigned for the shooting.

An attorney representing Grant's family and girlfriend has now filed a US$25 million wrongful death civil lawsuit against the District.

Incident

At approximately 2:00 AM PST, BART Police officers responded to reports of an altercation between two groups of passengers on an inbound train from the West Oakland BART Station. [4]

Upon arrival at the Fruitvale station, BART Police officers removed Grant and the other men onto the platform. While some of the men were handcuffed, Grant was not. In at least two of the videos he is shown raising his hands, appearing to plead with police while seated against the platform wall. [5]

Moments later, Mehserle and another BART officer positioned Grant face-down on the ground. An officer can be seen pinning Grant's upper body to the ground while Mehserle was positioned on his back. A struggle ensued, and seconds later Mehserle began tugging at his gun. He then stood up, unholstered his gun and fired a shot into Grant's back.

The bullet entered Grant's back, exited through his front side and ricocheted off the concrete floor of the platform, finally puncturing Grant's lung. Grant died seven hours later at Highland Hospital from his gunshot wounds.

Immediately after the shooting, Mehserle looked surprised, raising his hand to his face. Mehserle then handcuffed Grant with the assistance of another officer.[6]

Grant's funeral was held at the Palma Ceia Baptist Church in Hayward on January 7, 2009.[7]

Video evidence

File:Bart police shoot oscar grant 1 .ogg
Amateur video of the shooting.

The incident was captured by at least four cellphone cameras held by passengers on a train idling next to the platform. These videos have been broadcast on regional, national [8], international, [9] and internet news media.[10]

Eyewitness Karina Vargas stated that the police attempted to confiscate cameras and cell phones immediately after the incident. Vargas refused to surrender video and was interviewed the following day by KTVU, becoming the first person to show video footage of the event, however, her footage did not show the actual shooting of Grant.[8]

On January 2, KTVU aired another video by an anonymous passenger who submitted a cell phone video of the actual shooting.

Reaction

The shooting "stirred outrage" among those who believe it was tantamount to execution.[11] Demonstrators decried the incident as yet another case of police brutality. Because the videos were widely broadcast and streamed online, there were a significantly large number of people who viewed the video in a short period of time. There was also the perception that BART investigators were not conducting an effective investigation, and that Mehserle was not cooperating with investigators.

As a result, protesters held a larger rally on January 7 at the Fruitvale Station, then in Downtown Oakland. Mayor Ron Dellums held an impromptu press conference and called for peace[12], but cut the meeting short after the crowd became agitated.

This rally eventually erupted into a riot in Downtown Oakland, where over 200 Oakland police officers were dispatched in an attempt to disperse the protesters. Multiple streets were roadblocked in an attempt to divert vehicle and foot traffic, with riot officers firing tear gas grenades.

The Lake Merritt and 12th Street BART stations were temporarily shut down during this event.

120 people were arrested . [13] Charges included "vandalism" and "assault on a police officer."

Mehserle's actions after the shooting

Mehserle has undergone drug and alcohol testing as per BART's standard operating procedure in such cases.[14]

Hours before a scheduled meeting with BART police investigators, Mehserle tendered his resignation. He has retained a criminal defense attorney and has also invoked his Peace Officers Bill of Rights[15] and Fifth Amendment rights and refused to answer any questions about the shooting.[16]

Prosecution

Mehserle has not been questioned or interviewed by BART Police investigators, the Oakland Police Department, federal investigators, or by the Alameda County District Attorney's office, all of which are now conducting their own independent investigations.[17][18] Federal law enforcement were also reported to be looking into whether Mr. Grant’s civil rights were violated in his killing.[19]

The former officer has not made a public statement, on his own, or through an attorney.[20]

On January 7, California Attorney General Jerry Brown spoke about the incident and commented that video of the incident was "disturbing." In regards to the pace of the investigation and that Mehserle had not been interviewed, Brown remarked "...I do see the seriousness of this case and there shouldn't be any kind of delay or shilly-shallying around." He commented that the delay in interviewing the officer struck him as "odd" and he additionally commented: "That would be very strange. I wonder why that is," he said.[21]

Oakland Civil Rights Attorney John Burris, who has been retained by Grant's family to pursue a wrongful death claim against the district, is pushing the Alameda County District Attorney Tom Orloff to press second-degree murder or involuntary manslaughter charges. Second-degree murder charges would be warranted if the officer shot Grant in the back when Grant posed no danger, Burris said. However, there are reports speculating that the officer accidentally shot Grant, in which case involuntary manslaughter charges would be appropriate, Burris observed. "No one wants to believe a cop would just kill somebody like that," he said. "My view is, this is criminal conduct, period."[22]

Orloff met with about 50 protesters on January 7 to discuss the investigation; the meeting included ten local religious leaders and Oakland City Councilmember Desley Brooks.

Mehserle has not been arrested or arraigned for the shooting by any of the several law enforcement agencies now investigating the case.

Legal action

Attorney John Burris has filed a $25 million wrongful death lawsuit suit against the District on behalf of Grant's family.[23]

Theories

References

  1. ^ a b "Deadly BART brawl - officer shoots rider, 22". San Francisco Chronicle. Retrieved 2009-01-05.
  2. ^ "Office in Subway shooting has resigned". CNN.com. Retrieved 2009-01-05.
  3. ^ "Protests over BART shooting turn violent". San Francisco Chronicle. Retrieved 2009-01-08.
  4. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  5. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  6. ^ "Oakland Simmers After Night of Violence". New York Times. Retrieved 2009-01-07.
  7. ^ "Services set for man fatally shot by BART police officer". KESQ TV. Retrieved 2009-01-07.
  8. ^ a b "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  9. ^ "Family of man shot in back by police sue for $25m". Telegraph.co.uk. Retrieved 2009-01-07.
  10. ^ "New Questions Surface Following BART Shooting". MSNBC. Retrieved 2009-01-07.
  11. ^ "Protests over BART shooting turn violent". San Francisco Chronicle. Retrieved 2009-01-08.
  12. ^ "Protests over BART shooting turn violent". San Francisco Chronicle. Retrieved 2009-01-08.
  13. ^ "120 Arrested In Violent BART Protest". KTVU.com.
  14. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  15. ^ Peace Officers Bill of Rights
  16. ^ "BART officer resigns". KTVU.com. Retrieved 2009-01-07.
  17. ^ "BART officer has yet to give account in shooting". San Francisco Chronicle. Retrieved 2009-01-06.
  18. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  19. ^ "Oakland Turns Violent Over Shooting". The New York Times. Retrieved 2009-01-07.
  20. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  21. ^ "State AG calls for BART shooting inquiry". KGO TV. Retrieved 2009-01-07.
  22. ^ "Video of California police shooting spurs investigation". CNN. Retrieved 2009-01-07.
  23. ^ "BART SHOOTING: Family Suing BART For $25 Million". KTVU. Retrieved 2009-01-04.

External Links

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