BART Says It's Sorry About Detaining Man for Eating — But He's Not Buying Apology
BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing
Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted
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He's worked as a senior talk show producer for WILL in Champaign-Urbana, Illinois, and was the founding producer and editor of \u003cem>Racist Sandwich\u003c/em>, a podcast about food, race, class, and gender. 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Before that, she was a New York Women’s Foundation IGNITE Fellow at Latino USA. She worked at Radio Bilingue where she covered the San Joaquin Valley. Maria has interned at WLRN, News 21, The New York Times Student Journalism Institute and at Crain’s Detroit Business as a Dow Jones News Fund Business Reporting Intern. She is an MFA graduate from the University of Miami. In 2017, she graduated from the Walter Cronkite School of Journalism and Mass Communication with a Master of Mass Communication. A fronteriza, she was born in Ciudad Juárez, Chihuahua, Mexico and grew up in El Paso, Texas.","avatar":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twitter":"@m_esquinca","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Maria Esquinca | KQED","description":"Producer, The Bay","ogImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mesquinca"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11961220":{"type":"posts","id":"news_11961220","meta":{"index":"posts_1591205157","site":"news","id":"11961220","score":null,"sort":[1694772034000]},"guestAuthors":[],"slug":"barts-plan-to-win-you-back","title":"BART's Plan to Win Us Back","publishDate":1694772034,"format":"audio","headTitle":"BART’s Plan to Win Us Back | KQED","labelTerm":{},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Monday, BART rolled out a new schedule and changes to its system. They’re calling it a “reimagined” service plan. Combine that with increased police and non-uniformed personnel, and it’s clear that BART is trying to make changes that woo riders back onto its trains. Will it work?\u003c/span>\u003c/p>\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC2679903955\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to The Bay. Local News to Keep You Rooted. Bad news about BART just doesn’t surprise me anymore. The system has been struggling to get people on its trains again since the pandemic and has been battling a public relations crisis around crime and safety. That plus the delays and all the other problems that regular riders are probably used to seeing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Montage of listener voicemails: \u003c/strong>They often go home for Sunday dinner with the family and it’s often really delayed and it just feels inconsistent. It’s also already way too expensive. I used to actually be a regular BART right here. I do agree with a lot of the sentiment regarding the public that it’s just a little unfair.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>But this week, BART made some big changes to its system and the agency is hoping that it’s enough to bring people back and riders are hoping so, too.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Montage of listener voicemails: \u003c/strong>I definitely have noticed the new schedule this week and it’s been a welcome change. Overall, I’d really continue to root for BART and hope that they can figure out their financing. I really hope to see BART fully recover because it is a great service, but I want it to be better and I love it because I know that it’s not the best we deserve, but I want it to be better and it’s the best we have right now. Ugh, I have mixed feelings, I love BART and I hate BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Today we’re talking with KQED, Dan Brakey, about all the changes BART just made to its system and the tall order. It’s got to win your heart back. Stay with us.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Dan Brekke is a transportation editor for KQED.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>One of the changes would be that no one would ever have more than a 20 minute wait. That would happen by actually reducing some of the weekdays service on the lesser traveled lines like the line between Richmond and Barry s, for instance, there would be an increase in service on the busiest line, which is the line between Pittsburgh, Bay Point and SFO, San Francisco International Airport. Now the trade off on that line is those trains are running every 10 minutes and those other lines like from Richmond to Barry s, they’re only running every 20 minutes. And if they sort of evened everything out, you could have trains all day, every day, every 20 minutes. It’s a big change. And there are some things that people are not totally in love with yet, but it seems to be working pretty well so far.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>A part of that change, too, is that they’re actually way less of the old legacy BART trains and more of the sort of new ones, right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Yes, that’s exactly right. BART made a sort of big production out of what it called the final trip by a legacy fleet train. These are cars that go back to the very beginning of BART. BART is 51 years old this month, and they’re looking a little beat right now. And so as part of this change service, BART is retiring. Those from regular service, you still may see them. What the service is supposed to feature each and every day for all service hours is it’s the brand new train. You know, these new cars represent a big advance in the customer experience in a lot of ways. But there are some things that people don’t like so much. The seating configuration is different. Some people find the seats too hard and stuff like that. But anyway, you have brand new cars, better ventilation and better signage and announcements and all of that.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And then the trains are also going to be shorter, like actually fewer cars, right? What’s that about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>At the beginning of the pandemic, BART began running almost exclusively ten car trains. And that was because there was this concern about social distancing. There were many fewer people riding, but to make them feel comfortable, the trains were made longer than they typically had been earlier so that people could space themselves out on the cars. But BART is looking at a number of things that make it feel like it needed to change how it was managing those train lengths. So what they’ve done starting this week is to just run shorter trains on most lines like the one from Richmond to Barry S in the East Bay or from Dublin, Pleasanton to Daly City, for instance. They’re cutting the train lengths from the typical ten cars before to six cars. And then on that busy Pittsburgh Bay point to SFO line they’re cutting the train lengths to eight cars. And BART says it’s trying to do several things there. One thing running fewer cars actually saves maintenance costs and makes the system a little cheaper to run. They have fewer cars to clean. They can process a lot more of them a lot more quickly. They also say it will be easier to police the trains with both uniformed police officers, fare inspectors, crisis intervention specialists and community ambassadors that it’s easier to manage the shorter trains. And then there’s the idea that having shorter trains means, of course, the crowding is going to be more of a factor. There’s a denser population and having more people on the cars will discourage people from doing things that other passengers might not like so much. And finally, having the shorter trains means that people, when they want to ride in the front car, for instance, to be near a train operator, This is an issue for women passengers especially. They don’t have to wait all the way at the end of a lonely platform to do that. So that’s what BART’s up to with the shorter trains.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I do feel like most of the talk about BART lately has been pretty negative. I mean, everyone kind of keeps talking about these fears of safety on BART, and I want to play this one voicemail that we actually got from Jimmy from San Francisco.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Jimmy from San Francisco \u003c/strong>One traumatic experience I remember actually was not too long ago, I was actually at the 16th Mission BART Station, and I recalled a couple of young juveniles had walked in the train. They sat right behind me, but I started smelling something. It turns out they were just lighting things on fire. I felt very uncomfortable. That ended up having to move to a different train. But, you know, I don’t think that’s the experience that most riders want to have. And I really think that BART to step down on its feet until they fix this issue. I don’t see myself coming back on BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I guess coming out of hearing what Jimmy just said. Like it sounds like these changes are an attempt to bring people like Jimmy back onto bar, it sounds like.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Absolutely. And the thinking, moving from the abstract that I was talking about to the specific now, I mean, the thinking is that if there were a lot of people on that train car, these two people who were doing something that was disturbing and dangerous wouldn’t do that. Now, there are some people who are very bold about what they’ll do, and maybe they wouldn’t be deterred by that. But anyway, that is the theory for sure. And that is a good example, that episode that he’s talking about of the kinds of things that people say they just don’t want to see.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Can you give us a sense of what is going on in the minds of the people running the agency? Like, what is their motivation behind these changes?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Bottom line, they really need to get writers to return in large numbers much, much larger than they’ve seen so far. The state legislature has also weighed in on this. They want to see real improvements in public transit performance. And BART often comes up in these conversations before the state commits more money to public transit. That is really the long term thinking there. And the reason it’s so particularly important for BART is because historically it has depended on passengers to help run the railroad on a day to day basis. I mean, BART was paying, you know, depending on how you count the dollars, 60 to 70% of its operating costs from passenger fares. And, of course, that has crashed longer term. Voters in the Bay Area in all, nine counties are going to be asked at some point to pass some kind of tax measure that will provide permanent or at least very long term operating support for BART. And BART has to make the case that it’s worth a yes vote when that finally comes to the ballot, probably in 2026.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, I know it’s early, Dan, but do we know anything about whether these changes are actually working?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Well, based on the first three days of ridership numbers, it seems to be working very, very well. On Monday, they had 158,000 riders, which was the best Monday they’ve had since March 2020. On Tuesday, they had 192,000 riders, which was their best day ever since the pandemic started. And then Wednesday, they were just a hair short of 193,000. So another record. So three days in a row they’ve had what amounts to record ridership. We know that there are things going on. We don’t know the impact of Dreamforce, for instance, this big convention that Salesforce holds in San Francisco, that’s adding to ridership to some extent. We don’t know exactly how much, though.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>We did hear from a listener, Michelle from Livermore, who definitely loves BART, but who is, I think, one of the people who’s starting to notice the impact of these changes.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Michelle from Livermore \u003c/strong>Just now tonight, I’m coming back from commuting and I know it’s Dreamforce, but with shorter, less amount of cars on the train. Oh my God. It was packed like New York City passed to where the operator had to tell people near the doors to give room so that people could leave as their stops to get out. So it’s going to take a little bit of choreography for people to understand, to move into the center as much as they can. Instead of hanging out by the doors.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I love that little bit of choreography. I feel like that’s not something people have really had to think about on board anymore. But now, I mean, I’m like, remember when people would have to take off their backpacks to make room for other people in the bar, Jane’s den.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>That is just what I was thinking of. But what she’s talking about is, is the BART experience people had from, say, 2014 to 20 1819, especially that people didn’t love. But, you know, as Michelle said, it was reminiscent of New York. Guess what? New York is the number one transit friendly, if not entirely transit efficient city on the continent. And, you know, that’s the way you move around masses of people in a dense city. And so we’ll see. I mean, I think this is something BART is going to have to negotiate with its riders somewhat. They have already said that they’re watching crowding statistics very closely and that they will add longer trains as needed as the situation evolves, and especially if riders start to return. And even larger numbers.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>People, I think, do want BART to work. And we actually got a voicemail from someone who acknowledges that like, yes, BART is a little rough around the edges, but we do just kind of want it to work. So here’s Gloria from Oakland.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Gloria from Oakland \u003c/strong>I have taken public transit as long as I have been getting around independently, kind of inspired by my late father, who always thought, if you want to experience the city, you’ve got to experience a public transit. So I guess I’m a bit of a BART loyalist. Sure, there are some frustrations with the system. I get super mad about delays, broken escalators, dirty cars. BART is not perfect, but I am a loyalist. I am mostly excited about the big changes, saying I hope it helps. BART gets groove back. I really can’t imagine living in the bay without BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I mean, it makes me feel like warm and fuzzy. Like, I don’t know. I feel like BART is such a part of Bay Area life. And I would like for it to be part of Bay Area life in the future as well.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>And what’s really interesting to me about Gloria’s comment is that somebody who kind of is willing to take the world as it is, she’d like to like it to be a little bit better than she experiences it on BART sometimes. But she recognizes that the service is necessary beyond the simple convenience or maybe the delight that most people want to have in in their daily experiences. You know, this really isn’t just about BART. A lot of transit agencies are facing these big financial challenges, but it’s also about trying to persuade people to use transit instead of driving solo. You know, the Bay Area prides itself on being this transit rich, transit friendly area. But you know what? It really isn’t so much. Only one in 20 trips that people take in a bay area are by transit for commute trips. The most popular way of getting to work for forever has been to drive solo. And so the bigger question is how do you change that? And it’s a big deal. It’s a it’s part of the state’s climate goals. That’s a bigger challenge that is hanging over this entire discussion.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, what do you think, Dan? Do you think that in the long run, all these changes are going to help? Is it is it going to be enough to save BART?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>I mean, I think BART in some form is here to stay. You know, it’ll be part of our lives to some extent, you know, ten or 20 or 30 years from now. What will it be like is the question, is it going to be a service that can handle that big commute or is it going to be something that, you know, frankly goes back to its early days where service was actually not very robust? The service was running on a shoestring, and it really isn’t part of people’s daily lives the way it has been in the more recent past. Here we are, three and a half years after that pandemic crash, and BART still isn’t at 50% of its weekday ridership. So BART’s trying to improve its public image, show that it’s responding to rider sentiment and providing the best service that people can reasonably expect.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, Dan, thank you so much for chatting with me about BART. I really appreciate it.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>I really appreciate being asked to chat about it. I love talking to you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>That was Dan Brekke, a transportation editor for KQED. This 40-minute conversation with Dan was cut down and edited by producer Maria Esquinca. Alan Montecillo is our senior editor. He scored this episode and added all the tape. Also, a special shout out to all the Bay listeners who left us voicemails. I really loved hearing from Dave in Orinda. Michelle in Livermore, Denise, Gloria, Paul and Shane in Oakland and Jimmy and Zach out in San Francisco. Thank you so much for making this episode so much fuller. Thanks to your voicemails. And shout out as well to the rest of our podcast squad here at KQED. That’s Jen Chien, our director of podcasts; Katie Sprenger, our podcast operations manager; César Saldaña, our podcast engagement producer. And Holly Kernan, our Chief Content Officer. The Bay is a production of member-supported KQED in San Francisco. I’m Ericka Cruz Guevarra. Thanks so much for listening. Peace.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n","blocks":[],"excerpt":"On Monday, BART rolled out a new schedule and changes to its system. They’re calling it a ’reimagined’ service plan.","status":"publish","parent":0,"modified":1700689107,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":3013},"headData":{"title":"BART's Plan to Win Us Back | KQED","description":"On Monday, BART rolled out a new schedule and changes to its system. They’re calling it a ’reimagined’ service plan.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"BART's Plan to Win Us Back","datePublished":"2023-09-15T10:00:34.000Z","dateModified":"2023-11-22T21:38:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2679903955.mp3?updated=1694725572","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11961220/barts-plan-to-win-you-back","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Monday, BART rolled out a new schedule and changes to its system. They’re calling it a “reimagined” service plan. Combine that with increased police and non-uniformed personnel, and it’s clear that BART is trying to make changes that woo riders back onto its trains. Will it work?\u003c/span>\u003c/p>\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC2679903955\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to The Bay. Local News to Keep You Rooted. Bad news about BART just doesn’t surprise me anymore. The system has been struggling to get people on its trains again since the pandemic and has been battling a public relations crisis around crime and safety. That plus the delays and all the other problems that regular riders are probably used to seeing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Montage of listener voicemails: \u003c/strong>They often go home for Sunday dinner with the family and it’s often really delayed and it just feels inconsistent. It’s also already way too expensive. I used to actually be a regular BART right here. I do agree with a lot of the sentiment regarding the public that it’s just a little unfair.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>But this week, BART made some big changes to its system and the agency is hoping that it’s enough to bring people back and riders are hoping so, too.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Montage of listener voicemails: \u003c/strong>I definitely have noticed the new schedule this week and it’s been a welcome change. Overall, I’d really continue to root for BART and hope that they can figure out their financing. I really hope to see BART fully recover because it is a great service, but I want it to be better and I love it because I know that it’s not the best we deserve, but I want it to be better and it’s the best we have right now. Ugh, I have mixed feelings, I love BART and I hate BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Today we’re talking with KQED, Dan Brakey, about all the changes BART just made to its system and the tall order. It’s got to win your heart back. Stay with us.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Dan Brekke is a transportation editor for KQED.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>One of the changes would be that no one would ever have more than a 20 minute wait. That would happen by actually reducing some of the weekdays service on the lesser traveled lines like the line between Richmond and Barry s, for instance, there would be an increase in service on the busiest line, which is the line between Pittsburgh, Bay Point and SFO, San Francisco International Airport. Now the trade off on that line is those trains are running every 10 minutes and those other lines like from Richmond to Barry s, they’re only running every 20 minutes. And if they sort of evened everything out, you could have trains all day, every day, every 20 minutes. It’s a big change. And there are some things that people are not totally in love with yet, but it seems to be working pretty well so far.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>A part of that change, too, is that they’re actually way less of the old legacy BART trains and more of the sort of new ones, right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Yes, that’s exactly right. BART made a sort of big production out of what it called the final trip by a legacy fleet train. These are cars that go back to the very beginning of BART. BART is 51 years old this month, and they’re looking a little beat right now. And so as part of this change service, BART is retiring. Those from regular service, you still may see them. What the service is supposed to feature each and every day for all service hours is it’s the brand new train. You know, these new cars represent a big advance in the customer experience in a lot of ways. But there are some things that people don’t like so much. The seating configuration is different. Some people find the seats too hard and stuff like that. But anyway, you have brand new cars, better ventilation and better signage and announcements and all of that.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And then the trains are also going to be shorter, like actually fewer cars, right? What’s that about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>At the beginning of the pandemic, BART began running almost exclusively ten car trains. And that was because there was this concern about social distancing. There were many fewer people riding, but to make them feel comfortable, the trains were made longer than they typically had been earlier so that people could space themselves out on the cars. But BART is looking at a number of things that make it feel like it needed to change how it was managing those train lengths. So what they’ve done starting this week is to just run shorter trains on most lines like the one from Richmond to Barry S in the East Bay or from Dublin, Pleasanton to Daly City, for instance. They’re cutting the train lengths from the typical ten cars before to six cars. And then on that busy Pittsburgh Bay point to SFO line they’re cutting the train lengths to eight cars. And BART says it’s trying to do several things there. One thing running fewer cars actually saves maintenance costs and makes the system a little cheaper to run. They have fewer cars to clean. They can process a lot more of them a lot more quickly. They also say it will be easier to police the trains with both uniformed police officers, fare inspectors, crisis intervention specialists and community ambassadors that it’s easier to manage the shorter trains. And then there’s the idea that having shorter trains means, of course, the crowding is going to be more of a factor. There’s a denser population and having more people on the cars will discourage people from doing things that other passengers might not like so much. And finally, having the shorter trains means that people, when they want to ride in the front car, for instance, to be near a train operator, This is an issue for women passengers especially. They don’t have to wait all the way at the end of a lonely platform to do that. So that’s what BART’s up to with the shorter trains.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I do feel like most of the talk about BART lately has been pretty negative. I mean, everyone kind of keeps talking about these fears of safety on BART, and I want to play this one voicemail that we actually got from Jimmy from San Francisco.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Jimmy from San Francisco \u003c/strong>One traumatic experience I remember actually was not too long ago, I was actually at the 16th Mission BART Station, and I recalled a couple of young juveniles had walked in the train. They sat right behind me, but I started smelling something. It turns out they were just lighting things on fire. I felt very uncomfortable. That ended up having to move to a different train. But, you know, I don’t think that’s the experience that most riders want to have. And I really think that BART to step down on its feet until they fix this issue. I don’t see myself coming back on BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I guess coming out of hearing what Jimmy just said. Like it sounds like these changes are an attempt to bring people like Jimmy back onto bar, it sounds like.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Absolutely. And the thinking, moving from the abstract that I was talking about to the specific now, I mean, the thinking is that if there were a lot of people on that train car, these two people who were doing something that was disturbing and dangerous wouldn’t do that. Now, there are some people who are very bold about what they’ll do, and maybe they wouldn’t be deterred by that. But anyway, that is the theory for sure. And that is a good example, that episode that he’s talking about of the kinds of things that people say they just don’t want to see.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Can you give us a sense of what is going on in the minds of the people running the agency? Like, what is their motivation behind these changes?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Bottom line, they really need to get writers to return in large numbers much, much larger than they’ve seen so far. The state legislature has also weighed in on this. They want to see real improvements in public transit performance. And BART often comes up in these conversations before the state commits more money to public transit. That is really the long term thinking there. And the reason it’s so particularly important for BART is because historically it has depended on passengers to help run the railroad on a day to day basis. I mean, BART was paying, you know, depending on how you count the dollars, 60 to 70% of its operating costs from passenger fares. And, of course, that has crashed longer term. Voters in the Bay Area in all, nine counties are going to be asked at some point to pass some kind of tax measure that will provide permanent or at least very long term operating support for BART. And BART has to make the case that it’s worth a yes vote when that finally comes to the ballot, probably in 2026.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, I know it’s early, Dan, but do we know anything about whether these changes are actually working?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>Well, based on the first three days of ridership numbers, it seems to be working very, very well. On Monday, they had 158,000 riders, which was the best Monday they’ve had since March 2020. On Tuesday, they had 192,000 riders, which was their best day ever since the pandemic started. And then Wednesday, they were just a hair short of 193,000. So another record. So three days in a row they’ve had what amounts to record ridership. We know that there are things going on. We don’t know the impact of Dreamforce, for instance, this big convention that Salesforce holds in San Francisco, that’s adding to ridership to some extent. We don’t know exactly how much, though.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>We did hear from a listener, Michelle from Livermore, who definitely loves BART, but who is, I think, one of the people who’s starting to notice the impact of these changes.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Michelle from Livermore \u003c/strong>Just now tonight, I’m coming back from commuting and I know it’s Dreamforce, but with shorter, less amount of cars on the train. Oh my God. It was packed like New York City passed to where the operator had to tell people near the doors to give room so that people could leave as their stops to get out. So it’s going to take a little bit of choreography for people to understand, to move into the center as much as they can. Instead of hanging out by the doors.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I love that little bit of choreography. I feel like that’s not something people have really had to think about on board anymore. But now, I mean, I’m like, remember when people would have to take off their backpacks to make room for other people in the bar, Jane’s den.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>That is just what I was thinking of. But what she’s talking about is, is the BART experience people had from, say, 2014 to 20 1819, especially that people didn’t love. But, you know, as Michelle said, it was reminiscent of New York. Guess what? New York is the number one transit friendly, if not entirely transit efficient city on the continent. And, you know, that’s the way you move around masses of people in a dense city. And so we’ll see. I mean, I think this is something BART is going to have to negotiate with its riders somewhat. They have already said that they’re watching crowding statistics very closely and that they will add longer trains as needed as the situation evolves, and especially if riders start to return. And even larger numbers.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>People, I think, do want BART to work. And we actually got a voicemail from someone who acknowledges that like, yes, BART is a little rough around the edges, but we do just kind of want it to work. So here’s Gloria from Oakland.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Gloria from Oakland \u003c/strong>I have taken public transit as long as I have been getting around independently, kind of inspired by my late father, who always thought, if you want to experience the city, you’ve got to experience a public transit. So I guess I’m a bit of a BART loyalist. Sure, there are some frustrations with the system. I get super mad about delays, broken escalators, dirty cars. BART is not perfect, but I am a loyalist. I am mostly excited about the big changes, saying I hope it helps. BART gets groove back. I really can’t imagine living in the bay without BART.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I mean, it makes me feel like warm and fuzzy. Like, I don’t know. I feel like BART is such a part of Bay Area life. And I would like for it to be part of Bay Area life in the future as well.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>And what’s really interesting to me about Gloria’s comment is that somebody who kind of is willing to take the world as it is, she’d like to like it to be a little bit better than she experiences it on BART sometimes. But she recognizes that the service is necessary beyond the simple convenience or maybe the delight that most people want to have in in their daily experiences. You know, this really isn’t just about BART. A lot of transit agencies are facing these big financial challenges, but it’s also about trying to persuade people to use transit instead of driving solo. You know, the Bay Area prides itself on being this transit rich, transit friendly area. But you know what? It really isn’t so much. Only one in 20 trips that people take in a bay area are by transit for commute trips. The most popular way of getting to work for forever has been to drive solo. And so the bigger question is how do you change that? And it’s a big deal. It’s a it’s part of the state’s climate goals. That’s a bigger challenge that is hanging over this entire discussion.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, what do you think, Dan? Do you think that in the long run, all these changes are going to help? Is it is it going to be enough to save BART?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>I mean, I think BART in some form is here to stay. You know, it’ll be part of our lives to some extent, you know, ten or 20 or 30 years from now. What will it be like is the question, is it going to be a service that can handle that big commute or is it going to be something that, you know, frankly goes back to its early days where service was actually not very robust? The service was running on a shoestring, and it really isn’t part of people’s daily lives the way it has been in the more recent past. Here we are, three and a half years after that pandemic crash, and BART still isn’t at 50% of its weekday ridership. So BART’s trying to improve its public image, show that it’s responding to rider sentiment and providing the best service that people can reasonably expect.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, Dan, thank you so much for chatting with me about BART. I really appreciate it.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Dan Brekke: \u003c/strong>I really appreciate being asked to chat about it. I love talking to you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>That was Dan Brekke, a transportation editor for KQED. This 40-minute conversation with Dan was cut down and edited by producer Maria Esquinca. Alan Montecillo is our senior editor. He scored this episode and added all the tape. Also, a special shout out to all the Bay listeners who left us voicemails. I really loved hearing from Dave in Orinda. Michelle in Livermore, Denise, Gloria, Paul and Shane in Oakland and Jimmy and Zach out in San Francisco. Thank you so much for making this episode so much fuller. Thanks to your voicemails. And shout out as well to the rest of our podcast squad here at KQED. That’s Jen Chien, our director of podcasts; Katie Sprenger, our podcast operations manager; César Saldaña, our podcast engagement producer. And Holly Kernan, our Chief Content Officer. The Bay is a production of member-supported KQED in San Francisco. I’m Ericka Cruz Guevarra. Thanks so much for listening. Peace.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11961220/barts-plan-to-win-you-back","authors":["8654","222","11649","11802"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_269","news_31530","news_1528","news_31535","news_33084","news_22598"],"featImg":"news_11959064","label":"source_news_11961220"},"news_11909719":{"type":"posts","id":"news_11909719","meta":{"index":"posts_1591205157","site":"news","id":"11909719","score":null,"sort":[1648634447000]},"guestAuthors":[],"slug":"how-bart-removed-and-then-reinstated-director-lateefah-simon","title":"How BART Removed — and Then Reinstated — Director Lateefah Simon","publishDate":1648634447,"format":"audio","headTitle":"How BART Removed — and Then Reinstated — Director Lateefah Simon | KQED","labelTerm":{},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">It’s been a weird month for BART’s Board of Directors. In the span of just 2 weeks, the agency removed — and then reinstated — Director Lateefah Simon.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A Black, legally blind, regular BART rider, Director Simon was initially removed over a mix-up with her home address, which is barely 300 feet outside her district. This abrupt decision sparked a huge outcry from constituents, who suddenly couldn’t reach the person they elected.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now Director Simon is back on the board, but there are still lots of unanswered questions about how any of this happened in the first place. And Director Simon has said she is committed to keeping her seat.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3tXo5gc\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cem>Episode Transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/danbrekke\">Dan Brekke\u003c/a>, KQED editor and reporter \u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC5979457314&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700690696,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":129},"headData":{"title":"How BART Removed — and Then Reinstated — Director Lateefah Simon | KQED","description":"It’s been a weird month for BART’s Board of Directors. In the span of just 2 weeks, the agency removed — and then reinstated — Director Lateefah Simon. A Black, legally blind, regular BART rider, Director Simon was initially removed over a mix-up with her home address, which is barely 300 feet outside her district.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How BART Removed — and Then Reinstated — Director Lateefah Simon","datePublished":"2022-03-30T10:00:47.000Z","dateModified":"2023-11-22T22:04:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC5979457314.mp3?updated=1648594944","excludeFromSiteSearch":"Include","path":"/news/11909719/how-bart-removed-and-then-reinstated-director-lateefah-simon","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">It’s been a weird month for BART’s Board of Directors. In the span of just 2 weeks, the agency removed — and then reinstated — Director Lateefah Simon.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A Black, legally blind, regular BART rider, Director Simon was initially removed over a mix-up with her home address, which is barely 300 feet outside her district. This abrupt decision sparked a huge outcry from constituents, who suddenly couldn’t reach the person they elected.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now Director Simon is back on the board, but there are still lots of unanswered questions about how any of this happened in the first place. And Director Simon has said she is committed to keeping her seat.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3tXo5gc\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cem>Episode Transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/danbrekke\">Dan Brekke\u003c/a>, KQED editor and reporter \u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC5979457314&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11909719/how-bart-removed-and-then-reinstated-director-lateefah-simon","authors":["8654","222","11802","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_28408","news_1528","news_22598"],"featImg":"news_11909042","label":"source_news_11909719"},"news_11861149":{"type":"posts","id":"news_11861149","meta":{"index":"posts_1591205157","site":"news","id":"11861149","score":null,"sort":[1613771527000]},"guestAuthors":[],"slug":"kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","publishDate":1613771527,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.[aside postID=\"news_11854829,news_11823616,news_11717416\" label=\"Oscar Grant\" heroLink=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\"]\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.[aside postID=\"news_11744106,news_11734848,news_11840500\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>[documentcloud url=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" responsive=true text=false]\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","status":"publish","parent":0,"modified":1613776171,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1316},"headData":{"title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings | KQED","description":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","datePublished":"2021-02-19T21:52:07.000Z","dateModified":"2021-02-19T23:09:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11861149 https://ww2.kqed.org/news/?p=11861149","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings/","disqusTitle":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","path":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11854829,news_11823616,news_11717416","label":"Oscar Grant ","herolink":"https://www.kqed.org/news/tag/oscar-grant","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11744106,news_11734848,news_11840500","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","authors":["3206","8676"],"categories":["news_6188","news_8"],"tags":["news_28634","news_269","news_1528","news_4540","news_27918","news_17725","news_147","news_24767","news_22639"],"featImg":"news_11861173","label":"news"},"news_11854829":{"type":"posts","id":"news_11854829","meta":{"index":"posts_1591205157","site":"news","id":"11854829","score":null,"sort":[1610419689000]},"guestAuthors":[],"slug":"crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges","title":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges","publishDate":1610419689,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Alameda County District Attorney Nancy O'Malley announced Monday that her office will not file any charges against former BART Police Officer Anthony Pirone for his role in events leading up to the killing of Oscar Grant in 2009.\u003c/p>\n\u003cp>The DA's decision came three months after O'Malley's office \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\">announced the reopening of its investigation\u003c/a> into the case.\u003c/p>\n\u003cp>\"My heart hurts on today, because 12 years I've been crying out for justice for my son,\" said Rev. Wanda Johnson, Grant's mother, in a press conference Monday. \"Let the district attorney do what is right and charge him for the acts that he committed that led up to my son's death.\"\u003c/p>\n\u003cp>The 22-year-old Grant was shot in the back as he lay face-down by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day, 2009. Mehserle was convicted of involuntary manslaughter in 2010, after claiming he had meant to reach for a Taser instead of his firearm — a claim investigators disputed in a 94-page report \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\">released in May 2019\u003c/a> under terms of Senate Bill 1421, California's police transparency law.\u003c/p>\n\u003cp>That report, completed by independent investigators hired by BART in July 2009, also laid much of the responsibility for the shooting on Pirone, saying that his aggression and use of a racist slur \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rev. Wanda Johnson, Oscar Grant's mother\"]'I'm asking for him to be charged for his actions leading up to my son's death.'[/pullquote]\"I want to say to you that when you sleep on tonight and you think about why we're standing here — why I'm standing here — it's because my son laid on the cold concrete with that officer Pirone's knee in his neck,\" Johnson said. \"And he continued to say he couldn't breathe. My son's head was smashed against the wall and he was kicked and he was punched. And the officer, Pirone, still walks around free today.\"\u003c/p>\n\u003cp>According to witnesses, Pirone was \"very agitated\" and \"crazy\" at the scene, shouting profanity-laced orders as he rushed onto the platform to respond to reports of a fight on a train. He used a racial epithet multiple times while pinning Grant on the ground, but later said he was only repeating what Grant said to him.\u003c/p>\n\u003cp>In the wake of the report, Grant's family is calling for a felony murder charge against Pirone\u003c/p>\n\u003cfigure id=\"attachment_11639715\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11639715\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2018/01/RS3302_granttrial051111-e1514764868889.jpg\" alt=\"\" width=\"1920\" height=\"1348\" />\u003cfigcaption class=\"wp-caption-text\">Rev. Wanda Johnson is comforted by supporters outside the Los Angeles Superior Court in July 2010 after the involuntary manslaughter verdict against former BART Police Officer Johannes Mehserle, who was charged in the death of her son, Oscar Grant. \u003ccite>(MARK RALSTON/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"It can't be hard to see that he was treated not human-ly. It couldn't be hard to hear that a racial epithet was used against him. And if you or I used those against someone, and a crime was committed, we would definitely be charged with the hate crime,\" Johnson said. \"So I'm not asking anything different than what our United States Constitution says or what our laws say. I'm asking for him to be charged for his actions leading up to my son's death.\"\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.youtube.com/watch?v=QvHxPQg_rsU\">video\u003c/a> released Monday, O'Malley said she reopened the case in October after Grant's family contacted her, asking her to reexamine Pirone's involvement.\u003c/p>\n\u003cp>While condemning Pirone's actions, O'Malley said that \"while Pirone's overly aggressive conduct contributed to the chaotic nature of what transpired on the BART platform,\" he cannot be charged with aiding and abetting in the killing.\u003c/p>\n\u003cp>[aside postID='news_11717416' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg' target='_blank']In the \u003ca href=\"https://www.alcoda.org/newsroom/files/Report-on-Officer-Pirone.pdf\">16-page report\u003c/a> on the decision Monday, investigators state that Pirone cannot be charged with murder because “There is no evidence that Pirone personally caused Mr. Grant’s death.”\u003c/p>\n\u003cp>O’Malley also said Pirone could not be charged with aiding and abetting a murder, because he did not know beforehand that Mehserle was going to shoot Grant. And murder is the only charge where the statute of limitations have not run out.\u003c/p>\n\u003cp>“Pirone did not kill Oscar Grant. He could not legally aid and abet in the crime of involuntary manslaughter of Oscar Grant. Even if the law recognized that theory, which it does not, Pirone could only be found guilty of involuntary manslaughter. The Statute of Limitations has long ago expired and charges could not now be filed,” the report said.\u003c/p>\n\u003cp>The decision also cites a recent \u003ca href=\"https://law.justia.com/cases/california/court-of-appeal/2019/e069088a.html\">California Supreme Court decision\u003c/a>, saying in the report that “a non-killer participant in a crime cannot be held vicariously liable for any death that results from that crime” unless the participant knew beforehand that death would likely occur and “with a knowing and willful disregard of the likelihood that death would occur.\"\u003c/p>\n\u003cp>Grant’s family and their attorneys plan to keep meeting with O’Malley and pressing for criminal charges.\u003c/p>\n\u003cp>\"We want you to know that the fight still goes on. We've been standing at these banks, as you know, for the last 12 years and we're not going anywhere,\" said Cephus \"Uncle Bobby X\" Johnson, Grant's uncle.\u003c/p>\n\u003cp>\"Tony Pirone committed murder on that platform and he should be charged with felony murder,\" he said. \"He violated Oscar Grant's civil rights. And we know he should be held accountable for those wrongful acts.\"\u003c/p>\n\u003cp>\u003cem>KQED reporter Alex Emslie contributed to this report. Bay City News contributed to this report. \u003c/em>\u003c/p>\n","blocks":[],"excerpt":"Alameda County DA Nancy O'Malley said while a former BART police officer's 'overly aggressive conduct contributed to the chaotic nature of what transpired,' he cannot be charged with aiding and abetting in the 2009 killing of Oscar Grant.","status":"publish","parent":0,"modified":1619110466,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":955},"headData":{"title":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges | KQED","description":"Alameda County DA Nancy O'Malley said while a former BART police officer's 'overly aggressive conduct contributed to the chaotic nature of what transpired,' he cannot be charged with aiding and abetting in the 2009 killing of Oscar Grant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges","datePublished":"2021-01-12T02:48:09.000Z","dateModified":"2021-04-22T16:54:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11854829 https://ww2.kqed.org/news/?p=11854829","disqusUrl":"https://ww2.kqed.org/news/2021/01/11/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges/","disqusTitle":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges","path":"/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Nancy O'Malley announced Monday that her office will not file any charges against former BART Police Officer Anthony Pirone for his role in events leading up to the killing of Oscar Grant in 2009.\u003c/p>\n\u003cp>The DA's decision came three months after O'Malley's office \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\">announced the reopening of its investigation\u003c/a> into the case.\u003c/p>\n\u003cp>\"My heart hurts on today, because 12 years I've been crying out for justice for my son,\" said Rev. Wanda Johnson, Grant's mother, in a press conference Monday. \"Let the district attorney do what is right and charge him for the acts that he committed that led up to my son's death.\"\u003c/p>\n\u003cp>The 22-year-old Grant was shot in the back as he lay face-down by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day, 2009. Mehserle was convicted of involuntary manslaughter in 2010, after claiming he had meant to reach for a Taser instead of his firearm — a claim investigators disputed in a 94-page report \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\">released in May 2019\u003c/a> under terms of Senate Bill 1421, California's police transparency law.\u003c/p>\n\u003cp>That report, completed by independent investigators hired by BART in July 2009, also laid much of the responsibility for the shooting on Pirone, saying that his aggression and use of a racist slur \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I'm asking for him to be charged for his actions leading up to my son's death.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rev. Wanda Johnson, Oscar Grant's mother","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"I want to say to you that when you sleep on tonight and you think about why we're standing here — why I'm standing here — it's because my son laid on the cold concrete with that officer Pirone's knee in his neck,\" Johnson said. \"And he continued to say he couldn't breathe. My son's head was smashed against the wall and he was kicked and he was punched. And the officer, Pirone, still walks around free today.\"\u003c/p>\n\u003cp>According to witnesses, Pirone was \"very agitated\" and \"crazy\" at the scene, shouting profanity-laced orders as he rushed onto the platform to respond to reports of a fight on a train. He used a racial epithet multiple times while pinning Grant on the ground, but later said he was only repeating what Grant said to him.\u003c/p>\n\u003cp>In the wake of the report, Grant's family is calling for a felony murder charge against Pirone\u003c/p>\n\u003cfigure id=\"attachment_11639715\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11639715\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2018/01/RS3302_granttrial051111-e1514764868889.jpg\" alt=\"\" width=\"1920\" height=\"1348\" />\u003cfigcaption class=\"wp-caption-text\">Rev. Wanda Johnson is comforted by supporters outside the Los Angeles Superior Court in July 2010 after the involuntary manslaughter verdict against former BART Police Officer Johannes Mehserle, who was charged in the death of her son, Oscar Grant. \u003ccite>(MARK RALSTON/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"It can't be hard to see that he was treated not human-ly. It couldn't be hard to hear that a racial epithet was used against him. And if you or I used those against someone, and a crime was committed, we would definitely be charged with the hate crime,\" Johnson said. \"So I'm not asking anything different than what our United States Constitution says or what our laws say. I'm asking for him to be charged for his actions leading up to my son's death.\"\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.youtube.com/watch?v=QvHxPQg_rsU\">video\u003c/a> released Monday, O'Malley said she reopened the case in October after Grant's family contacted her, asking her to reexamine Pirone's involvement.\u003c/p>\n\u003cp>While condemning Pirone's actions, O'Malley said that \"while Pirone's overly aggressive conduct contributed to the chaotic nature of what transpired on the BART platform,\" he cannot be charged with aiding and abetting in the killing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11717416","hero":"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In the \u003ca href=\"https://www.alcoda.org/newsroom/files/Report-on-Officer-Pirone.pdf\">16-page report\u003c/a> on the decision Monday, investigators state that Pirone cannot be charged with murder because “There is no evidence that Pirone personally caused Mr. Grant’s death.”\u003c/p>\n\u003cp>O’Malley also said Pirone could not be charged with aiding and abetting a murder, because he did not know beforehand that Mehserle was going to shoot Grant. And murder is the only charge where the statute of limitations have not run out.\u003c/p>\n\u003cp>“Pirone did not kill Oscar Grant. He could not legally aid and abet in the crime of involuntary manslaughter of Oscar Grant. Even if the law recognized that theory, which it does not, Pirone could only be found guilty of involuntary manslaughter. The Statute of Limitations has long ago expired and charges could not now be filed,” the report said.\u003c/p>\n\u003cp>The decision also cites a recent \u003ca href=\"https://law.justia.com/cases/california/court-of-appeal/2019/e069088a.html\">California Supreme Court decision\u003c/a>, saying in the report that “a non-killer participant in a crime cannot be held vicariously liable for any death that results from that crime” unless the participant knew beforehand that death would likely occur and “with a knowing and willful disregard of the likelihood that death would occur.\"\u003c/p>\n\u003cp>Grant’s family and their attorneys plan to keep meeting with O’Malley and pressing for criminal charges.\u003c/p>\n\u003cp>\"We want you to know that the fight still goes on. We've been standing at these banks, as you know, for the last 12 years and we're not going anywhere,\" said Cephus \"Uncle Bobby X\" Johnson, Grant's uncle.\u003c/p>\n\u003cp>\"Tony Pirone committed murder on that platform and he should be charged with felony murder,\" he said. \"He violated Oscar Grant's civil rights. And we know he should be held accountable for those wrongful acts.\"\u003c/p>\n\u003cp>\u003cem>KQED reporter Alex Emslie contributed to this report. Bay City News contributed to this report. \u003c/em>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges","authors":["11526","7239"],"categories":["news_6188","news_8"],"tags":["news_28634","news_269","news_1528","news_155","news_29021","news_147","news_28089","news_4379","news_20219","news_19216"],"featImg":"news_11854857","label":"news"},"news_11841062":{"type":"posts","id":"news_11841062","meta":{"index":"posts_1591205157","site":"news","id":"11841062","score":null,"sort":[1601944736000]},"guestAuthors":[],"slug":"alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later","title":"Alameda DA Reopens Investigation Into Oscar Grant Killing, Nearly 12 Years Later","publishDate":1601944736,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The Alameda County District Attorney's Office is reopening a criminal investigation into the slaying of Oscar Grant, nearly 12 years after a BART police officer fatally shot the 22-year-old as he lay face down on the Fruitvale Station platform.\u003c/p>\n\u003cp>In a written statement released Monday afternoon, District Attorney Nancy O'Malley said she's assigned \"a team of lawyers to look back into the circumstances that caused the death of Oscar Grant.\"\u003c/p>\n\u003cp>[aside postID='news_11854958,news_11856441' label='More Recent Coverage on This Story']\u003c/p>\n\u003cp>Although previous Alameda County District Attorney Tom Orloff initially charged former BART officer Johannes Mehserle with murder, O'Malley took over and oversaw the prosecution.\u003c/p>\n\u003cp>O'Malley noted that the court granted a defense request to move Mehserle's trial to Los Angeles.\u003c/p>\n\u003cp>\"Unfortunately, the Los Angeles jury only found Officer Mehserle guilty of Involuntary Manslaughter,\" O'Malley wrote. \"We are re-opening our investigation.\"\u003c/p>\n\u003cp>Mehserle was convicted in 2010 and sentenced to a two-year prison term, of which he served 11 months. He was released in June 2011.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>New charges against Mehserle face high legal hurdles, according to Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"There are two obstacles here,\" Weisberg said. \"One would be statutes of limitations and the other would be double jeopardy.\"\u003c/p>\n\u003cp>Mehserle's previous conviction, Weisberg said, precludes a new prosecution based on a criminal homicide charge — from murder to involuntary manslaughter. The former officer could face new charges for a non-homicide offense, but only if the statute of limitations hasn't lapsed.\u003c/p>\n\u003cp>But other officers on the BART platform that night have different circumstances. Double jeopardy wouldn't apply, because no one besides Mehserle was previously charged in Grant's death.\u003c/p>\n\u003cp>\"The fact that Mehserle's case may be over doesn't in any way bar them (other officers) from being charged,\" Weisberg said. \"And for all we know, they may have had different degrees of criminal intent.\"\u003c/p>\n\u003cp>An internal investigation commissioned by BART, and \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">hidden from public view until May\u003c/a> of last year, was heavily critical of officer Anthony Pirone, who was found to have \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>[aside postID=news_11744106 hero='https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36891_GettyImages-84565042-qut-1020x720.jpg']\u003c/p>\n\u003cp>Witnesses described Pirone as the \"crazy cop\" who was \"very agitated,\" shouting orders speckled with profanity as he rushed onto the platform in response to reports of a fight on the train.\u003c/p>\n\u003cp>The investigation found that Grant didn't fight back when Pirone rushed over to him, shoved him against a wall and punched him in the head.\u003c/p>\n\u003cp>After Grant sat down, Pirone kneed him in the face, a strike the internal investigation found to be \"punitive\" and unjustified.\u003c/p>\n\u003cp>Pirone used a racial epithet during a back-and-forth with Grant, reportedly repeating the words \"bitch-ass n----.\"\u003c/p>\n\u003cp>The former officer continued to struggle with Grant and was kneeling on the back of Grant's head and neck until shortly before Mehserle stood up, drew his gun and fired a single round into Grant's back.\u003c/p>\n\u003cp>The investigation also found that Pirone lied repeatedly about the events that led to Grant's death.\u003c/p>\n\u003cp>The investigation concluded:\u003c/p>\n\u003cblockquote>\u003cp>\"Pirone’s repeated, unreasonable and unnecessary use of force; his willful and reckless conduct that endangered the safety of the public and his fellow officers; his failure to be forthcoming about the true events; his changing and shifting stories; his manifest lack of veracity; his professionally inappropriate demeanor; his use of a racially offensive word; and his excessive use of expletives, warrant a recommendation that Officer Pirone be terminated from his employment with BART.\"\u003c/p>\u003c/blockquote>\n\u003cp>BART subsequently fired Pirone, and an arbitrator upheld his termination in 2014.\u003c/p>\n\u003cp>Grant's family and their supporters have recently renewed calls for another prosecution in the historic case, focusing largely on Pirone.\u003c/p>\n\u003cp>\"That report states that Tony Pirone created the chaotic atmosphere on that platform,\" Cephus 'Uncle Bobby X' Johnson, Grant's uncle, said in an interview Monday. \"It cites everything that he did that created the volatile situation that caused the murder of Oscar Grant.\"\u003c/p>\n\u003cp>[aside postID=news_11823246 hero='https://ww2.kqed.org/app/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg']Johnson said Pirone should be charged under the felony murder rule, which allows prosecutors to charge accomplices to felony crimes with murder, even if they lack the intentional motivation to kill that's required for typical murder charges.\u003c/p>\n\u003cp>\"He was an accessory to that murder because he was the one that created that whole atmosphere,\" Johnson said.\u003c/p>\n\u003cp>Weisberg said a charge under the so-called felony murder rule is unlikely. But, he said, it's entirely possible that Pirone could face some kind of murder charge if he acted in a way that he knew could lead to Grant's death.\u003c/p>\n\u003cp>\"There's nothing unusual in criminal law about essentially accomplices being prosecuted,\" Weisberg said. \"The odd thing here is, of course, the accomplices if that's what they are, being prosecuted so many years after the case ended for the principal.\"\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The vague announcement that could lead to additional officers facing criminal charges comes nearly 12 years after then-BART police officer Johannes Mehserle fatally shot Oscar Grant in the back.","status":"publish","parent":0,"modified":1618599551,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":848},"headData":{"title":"Alameda DA Reopens Investigation Into Oscar Grant Killing, Nearly 12 Years Later | KQED","description":"The vague announcement that could lead to additional officers facing criminal charges comes nearly 12 years after then-BART police officer Johannes Mehserle fatally shot Oscar Grant in the back.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Alameda DA Reopens Investigation Into Oscar Grant Killing, Nearly 12 Years Later","datePublished":"2020-10-06T00:38:56.000Z","dateModified":"2021-04-16T18:59:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11841062 https://ww2.kqed.org/news/?p=11841062","disqusUrl":"https://ww2.kqed.org/news/2020/10/05/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later/","disqusTitle":"Alameda DA Reopens Investigation Into Oscar Grant Killing, Nearly 12 Years Later","path":"/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Alameda County District Attorney's Office is reopening a criminal investigation into the slaying of Oscar Grant, nearly 12 years after a BART police officer fatally shot the 22-year-old as he lay face down on the Fruitvale Station platform.\u003c/p>\n\u003cp>In a written statement released Monday afternoon, District Attorney Nancy O'Malley said she's assigned \"a team of lawyers to look back into the circumstances that caused the death of Oscar Grant.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11854958,news_11856441","label":"More Recent Coverage on This Story "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although previous Alameda County District Attorney Tom Orloff initially charged former BART officer Johannes Mehserle with murder, O'Malley took over and oversaw the prosecution.\u003c/p>\n\u003cp>O'Malley noted that the court granted a defense request to move Mehserle's trial to Los Angeles.\u003c/p>\n\u003cp>\"Unfortunately, the Los Angeles jury only found Officer Mehserle guilty of Involuntary Manslaughter,\" O'Malley wrote. \"We are re-opening our investigation.\"\u003c/p>\n\u003cp>Mehserle was convicted in 2010 and sentenced to a two-year prison term, of which he served 11 months. He was released in June 2011.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>New charges against Mehserle face high legal hurdles, according to Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"There are two obstacles here,\" Weisberg said. \"One would be statutes of limitations and the other would be double jeopardy.\"\u003c/p>\n\u003cp>Mehserle's previous conviction, Weisberg said, precludes a new prosecution based on a criminal homicide charge — from murder to involuntary manslaughter. The former officer could face new charges for a non-homicide offense, but only if the statute of limitations hasn't lapsed.\u003c/p>\n\u003cp>But other officers on the BART platform that night have different circumstances. Double jeopardy wouldn't apply, because no one besides Mehserle was previously charged in Grant's death.\u003c/p>\n\u003cp>\"The fact that Mehserle's case may be over doesn't in any way bar them (other officers) from being charged,\" Weisberg said. \"And for all we know, they may have had different degrees of criminal intent.\"\u003c/p>\n\u003cp>An internal investigation commissioned by BART, and \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">hidden from public view until May\u003c/a> of last year, was heavily critical of officer Anthony Pirone, who was found to have \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11744106","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36891_GettyImages-84565042-qut-1020x720.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Witnesses described Pirone as the \"crazy cop\" who was \"very agitated,\" shouting orders speckled with profanity as he rushed onto the platform in response to reports of a fight on the train.\u003c/p>\n\u003cp>The investigation found that Grant didn't fight back when Pirone rushed over to him, shoved him against a wall and punched him in the head.\u003c/p>\n\u003cp>After Grant sat down, Pirone kneed him in the face, a strike the internal investigation found to be \"punitive\" and unjustified.\u003c/p>\n\u003cp>Pirone used a racial epithet during a back-and-forth with Grant, reportedly repeating the words \"bitch-ass n----.\"\u003c/p>\n\u003cp>The former officer continued to struggle with Grant and was kneeling on the back of Grant's head and neck until shortly before Mehserle stood up, drew his gun and fired a single round into Grant's back.\u003c/p>\n\u003cp>The investigation also found that Pirone lied repeatedly about the events that led to Grant's death.\u003c/p>\n\u003cp>The investigation concluded:\u003c/p>\n\u003cblockquote>\u003cp>\"Pirone’s repeated, unreasonable and unnecessary use of force; his willful and reckless conduct that endangered the safety of the public and his fellow officers; his failure to be forthcoming about the true events; his changing and shifting stories; his manifest lack of veracity; his professionally inappropriate demeanor; his use of a racially offensive word; and his excessive use of expletives, warrant a recommendation that Officer Pirone be terminated from his employment with BART.\"\u003c/p>\u003c/blockquote>\n\u003cp>BART subsequently fired Pirone, and an arbitrator upheld his termination in 2014.\u003c/p>\n\u003cp>Grant's family and their supporters have recently renewed calls for another prosecution in the historic case, focusing largely on Pirone.\u003c/p>\n\u003cp>\"That report states that Tony Pirone created the chaotic atmosphere on that platform,\" Cephus 'Uncle Bobby X' Johnson, Grant's uncle, said in an interview Monday. \"It cites everything that he did that created the volatile situation that caused the murder of Oscar Grant.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11823246","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Johnson said Pirone should be charged under the felony murder rule, which allows prosecutors to charge accomplices to felony crimes with murder, even if they lack the intentional motivation to kill that's required for typical murder charges.\u003c/p>\n\u003cp>\"He was an accessory to that murder because he was the one that created that whole atmosphere,\" Johnson said.\u003c/p>\n\u003cp>Weisberg said a charge under the so-called felony murder rule is unlikely. But, he said, it's entirely possible that Pirone could face some kind of murder charge if he acted in a way that he knew could lead to Grant's death.\u003c/p>\n\u003cp>\"There's nothing unusual in criminal law about essentially accomplices being prosecuted,\" Weisberg said. \"The odd thing here is, of course, the accomplices if that's what they are, being prosecuted so many years after the case ended for the principal.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later","authors":["3206","3214"],"categories":["news_6188","news_8"],"tags":["news_23318","news_28634","news_1528","news_27626","news_155","news_147"],"featImg":"news_11841162","label":"news"},"news_11787486":{"type":"posts","id":"news_11787486","meta":{"index":"posts_1591205157","site":"news","id":"11787486","score":null,"sort":[1574224236000]},"guestAuthors":[],"slug":"bart-police-investigating-fatal-stabbing-aboard-warm-springs-train","title":"BART Police Investigating Fatal Stabbing Aboard Warm Springs Train","publishDate":1574224236,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 8:25 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>BART police are investigating a Tuesday afternoon incident in which they say a fight between two men on a train ended with one fatally stabbing the other. \u003c/p>\n\u003cp>Ed Alvarez, BART's interim police chief, told reporters that the alleged assailant fled a Warm Springs train after it stopped at South Hayward Station. Alvarez said the suspect was arrested nearby by Hayward police officers.\u003c/p>\n\u003cp>Alvarez said that the two men began fighting shortly after the southbound train left Bay Fair Station. Eventually, one of the men pulled a knife and stabbed the other, Alvarez said. BART police responding to South Hayward found the victim, who was pronounced dead aboard the train.\u003c/p>\n\u003cp>Neither the victim nor the suspect were identified, though Alvarez said both men appeared to be in their 40s.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Alvarez said investigators were retrieving video from cameras on the train car where the attack took place. The station was closed after the incident, which BART first reported on Twitter about 1:15 p.m. as \"police activity.\"\u003c/p>\n\u003cp>As reporters arrived at South Hayward for Alvarez's 4 p.m. media briefing, police officers were seen apparently dusting for fingerprints at the station fare gates.\u003c/p>\n\u003cp>https://twitter.com/melissacolorado/status/1196936988080758785\u003c/p>\n\u003cp>Tuesday's incident marked the first homicide on BART since \u003ca href=\"https://www.kqed.org/news/11683791/suspect-in-fatal-bay-fair-bart-assault-surrenders-to-police\" target=\"_blank\" rel=\"noopener noreferrer\">a series of three killings\u003c/a> in July 2018.\u003c/p>\n\u003cp>Those deaths, which included an unprovoked knife attack on 18-year-old Nia Wilson of Oakland, unleashed fierce criticism about the rising level of violent crime on the system.\u003c/p>\n\u003cp>Alvarez sought to calm patrons' concerns Tuesday, calling the latest fatal attack \"rare on BART. It's not something we get a lot of.\"\u003c/p>\n\u003cp>\"I do want to assure our ridership that BART is safe,\" he added. \"We'll continue to reassure them by providing the presence in our system so that they can continue to ride safely.\"\u003c/p>\n\u003cp>When a reporter challenged Alvarez' assertion the system is safe, the chief said Tuesday's incident \"wasn't a random attack. It was a fight between two individuals who engaged each other.\"\u003c/p>\n\u003cp>Later, BART General Manager Robert Powers issued a statement that likewise sought to quell fears that the system has become unsafe. \u003c/p>\n\u003cp>\"We are heartbroken that a person has lost his life due to violence on one of our trains this afternoon,\" Powers said. \"We extend our sincerest condolences to the family and friends of the victim.\"\u003c/p>\n\u003cp>Powers said that to address rider concerns, the agency would immediately increase the police presence throughout the BART system. That presence will include sworn officers working additional overtime alongside non-sworn community service officers and fare inspectors. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The agency implemented \u003ca href=\"https://www.kqed.org/news/11685081/as-bart-violence-spikes-agency-proposes-comprehensive-security-plan\">similar steps\u003c/a> in the aftermath of the killings in the summer of 2018. \u003c/p>\n\n","blocks":[],"excerpt":"Hayward police take suspect into custody after fatal attack that closed South Hayward Station and triggered delays throughout BART system. ","status":"publish","parent":0,"modified":1574224532,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":454},"headData":{"title":"BART Police Investigating Fatal Stabbing Aboard Warm Springs Train | KQED","description":"Hayward police take suspect into custody after fatal attack that closed South Hayward Station and triggered delays throughout BART system. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"BART Police Investigating Fatal Stabbing Aboard Warm Springs Train","datePublished":"2019-11-20T04:30:36.000Z","dateModified":"2019-11-20T04:35:32.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11787486 https://ww2.kqed.org/news/?p=11787486","disqusUrl":"https://ww2.kqed.org/news/2019/11/19/bart-police-investigating-fatal-stabbing-aboard-warm-springs-train/","disqusTitle":"BART Police Investigating Fatal Stabbing Aboard Warm Springs Train","path":"/news/11787486/bart-police-investigating-fatal-stabbing-aboard-warm-springs-train","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 8:25 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>BART police are investigating a Tuesday afternoon incident in which they say a fight between two men on a train ended with one fatally stabbing the other. \u003c/p>\n\u003cp>Ed Alvarez, BART's interim police chief, told reporters that the alleged assailant fled a Warm Springs train after it stopped at South Hayward Station. Alvarez said the suspect was arrested nearby by Hayward police officers.\u003c/p>\n\u003cp>Alvarez said that the two men began fighting shortly after the southbound train left Bay Fair Station. Eventually, one of the men pulled a knife and stabbed the other, Alvarez said. BART police responding to South Hayward found the victim, who was pronounced dead aboard the train.\u003c/p>\n\u003cp>Neither the victim nor the suspect were identified, though Alvarez said both men appeared to be in their 40s.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alvarez said investigators were retrieving video from cameras on the train car where the attack took place. The station was closed after the incident, which BART first reported on Twitter about 1:15 p.m. as \"police activity.\"\u003c/p>\n\u003cp>As reporters arrived at South Hayward for Alvarez's 4 p.m. media briefing, police officers were seen apparently dusting for fingerprints at the station fare gates.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1196936988080758785"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Tuesday's incident marked the first homicide on BART since \u003ca href=\"https://www.kqed.org/news/11683791/suspect-in-fatal-bay-fair-bart-assault-surrenders-to-police\" target=\"_blank\" rel=\"noopener noreferrer\">a series of three killings\u003c/a> in July 2018.\u003c/p>\n\u003cp>Those deaths, which included an unprovoked knife attack on 18-year-old Nia Wilson of Oakland, unleashed fierce criticism about the rising level of violent crime on the system.\u003c/p>\n\u003cp>Alvarez sought to calm patrons' concerns Tuesday, calling the latest fatal attack \"rare on BART. It's not something we get a lot of.\"\u003c/p>\n\u003cp>\"I do want to assure our ridership that BART is safe,\" he added. \"We'll continue to reassure them by providing the presence in our system so that they can continue to ride safely.\"\u003c/p>\n\u003cp>When a reporter challenged Alvarez' assertion the system is safe, the chief said Tuesday's incident \"wasn't a random attack. It was a fight between two individuals who engaged each other.\"\u003c/p>\n\u003cp>Later, BART General Manager Robert Powers issued a statement that likewise sought to quell fears that the system has become unsafe. \u003c/p>\n\u003cp>\"We are heartbroken that a person has lost his life due to violence on one of our trains this afternoon,\" Powers said. \"We extend our sincerest condolences to the family and friends of the victim.\"\u003c/p>\n\u003cp>Powers said that to address rider concerns, the agency would immediately increase the police presence throughout the BART system. That presence will include sworn officers working additional overtime alongside non-sworn community service officers and fare inspectors. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The agency implemented \u003ca href=\"https://www.kqed.org/news/11685081/as-bart-violence-spikes-agency-proposes-comprehensive-security-plan\">similar steps\u003c/a> in the aftermath of the killings in the summer of 2018. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11787486/bart-police-investigating-fatal-stabbing-aboard-warm-springs-train","authors":["222"],"categories":["news_6188","news_8","news_1397"],"tags":["news_269","news_1528","news_17626"],"featImg":"news_11682009","label":"news"},"news_11786100":{"type":"posts","id":"news_11786100","meta":{"index":"posts_1591205157","site":"news","id":"11786100","score":null,"sort":[1573530800000]},"guestAuthors":[],"slug":"bart-says-its-sorry-about-detaining-man-for-eating-but-hes-not-buying-apology","title":"BART Says It's Sorry About Detaining Man for Eating — But He's Not Buying Apology","publishDate":1573530800,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>BART's top official issued a public apology Monday to a man \u003ca href=\"https://www.kqed.org/news/11785824/bart-officers-detain-handcuff-and-cite-man-for-eating-sandwich-on-platform\" target=\"_blank\" rel=\"noopener\">handcuffed\u003c/a> last week after a transit agency police officer confronted him for eating a sandwich on a station platform — an apology the agency was later forced to modify and one which the detained man is criticizing as an attempt to blame the incident on him.\u003c/p>\n\u003cp>The Nov. 4 incident at BART's Pleasant Hill Station, \u003ca href=\"https://www.facebook.com/7husal0t7/videos/pcb.2520780144653829/2520765981321912/?type=3&theater\">posted on Facebook\u003c/a> on Friday, sparked a social media backlash against the agency and prompted at least one \u003ca href=\"https://abcnews.go.com/US/bart-riders-hold-lunchtime-eat-protest-man-detained/story?id=66911537\" target=\"_blank\" rel=\"noopener\">\"eat-in\" protest\u003c/a> in response.\u003c/p>\n\u003cp>BART General Manager Bob Powers said in \u003ca href=\"https://www.bart.gov/news/articles/2019/news20191111\" target=\"_blank\" rel=\"noopener\">a written statement\u003c/a> that although eating in BART's paid areas is banned, he was \"disappointed\" in how the encounter between Officer D. McCormick and passenger Steve Foster unfolded.\u003c/p>\n\u003cp>\"The officer was doing his job but context is key,\" Powers' statement said. \"Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation. We have to read each situation and allow people to get where they are going on time and safely. ... I apologize to Mr. Foster, our riders, employees, and the public who have had an emotional reaction to the video.\"\u003c/p>\n\u003cp>Powers' apology initially said that McCormick asked Foster to stop eating \"while passing by on another call. It should have ended there, but it didn’t. When the officer walked by again and still saw him eating, he moved forward with the process of issuing him a citation.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>BART later corrected Powers' statement to clarify that McCormick did not pass by Foster and then return but instead approached Foster about not eating when he first encountered him. \"Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation,\" the corrected statement said.\u003c/p>\n\u003cp>\"I read that apology, and I wasn't feeling it at all,\" Foster, 31, of Concord, said in an interview Monday. He said BART had not contacted him since the incident and that he would \"probably have felt a little better about it and known they were genuine\" if the agency had reached out.\u003c/p>\n\u003cp>Foster said he felt the statement was an attempt \"to make the story seem like I was the one that was actually in the wrong and I was just uncooperative from the jump, and it wasn't like that.\"\u003c/p>\n\u003cp>Foster, who is African American, suggested that he'd been singled out for attention by McCormick, who is white.\u003c/p>\n\u003cp>McCormick \"just came straight up to me and got in my face and told me I couldn't eat on BART,\" Foster said, describing the officer's approach as \"aggressive.\"\u003c/p>\n\u003cp>In its statement, BART noted, as other have, that video of the incident shows Foster directing a string of homophobic slurs at McCormick.\u003c/p>\n\u003cp>\"I've missed two trains because of your old f____t ass,\" Foster says in the video. \"You f____n' f_g. Ask your mama what my name is, that's what you can do.\"\u003c/p>\n\u003cp>On Monday, Foster said he's gotten some \"backlash\" about those comments, but was unapologetic.\u003c/p>\n\u003cp>\"I'm not going to take back what I said. I said what I said. I meant what I said. I mean, I was angry,\" he said. \"I felt disrespected and I felt I needed to disrespect him in every shape, form or fashion I could because I felt I was being singled out.\"\u003c/p>\n\u003cp>Foster's citation for eating on the platform carries a maximum fine of $250 or 48 hours of community service.\u003c/p>\n\u003cp>BART's independent police auditor, Russell Bloom, said Friday his office is collecting evidence on the incident before deciding whether to launch a formal investigation. The evidence includes video from social media and footage from cameras at the station and officers' body cameras.\u003c/p>\n\u003cp>Although frequent BART patrons can testify that eating and drinking on trains and station platforms is an everyday occurrence, it appears to be rare for the prohibition on dining and snacking to be enforced.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>BART spokespeople say they don't have current statistics on eating and drinking citations, but a 2017 \u003ca href=\"https://www.sfgate.com/bayarea/article/It-s-really-hard-to-get-fined-by-BART-for-bad-11821144.php\" target=\"_blank\" rel=\"noopener\">SFGATE inquiry\u003c/a> into the issue found that the agency issued 11 eating/drinking tickets in the final nine months of 2016. That was equivalent to one every 8 million rides.\u003c/p>\n\n","blocks":[],"excerpt":"Agency's top official says he's 'disappointed' in how encounter unfolded between a BART police officer and a breakfasting patron.","status":"publish","parent":0,"modified":1573599256,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":723},"headData":{"title":"BART Says It's Sorry About Detaining Man for Eating — But He's Not Buying Apology | KQED","description":"Agency's top official says he's 'disappointed' in how encounter unfolded between a BART police officer and a breakfasting patron.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"BART Says It's Sorry About Detaining Man for Eating — But He's Not Buying Apology","datePublished":"2019-11-12T03:53:20.000Z","dateModified":"2019-11-12T22:54:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11786100 https://ww2.kqed.org/news/?p=11786100","disqusUrl":"https://ww2.kqed.org/news/2019/11/11/bart-says-its-sorry-about-detaining-man-for-eating-but-hes-not-buying-apology/","disqusTitle":"BART Says It's Sorry About Detaining Man for Eating — But He's Not Buying Apology","path":"/news/11786100/bart-says-its-sorry-about-detaining-man-for-eating-but-hes-not-buying-apology","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>BART's top official issued a public apology Monday to a man \u003ca href=\"https://www.kqed.org/news/11785824/bart-officers-detain-handcuff-and-cite-man-for-eating-sandwich-on-platform\" target=\"_blank\" rel=\"noopener\">handcuffed\u003c/a> last week after a transit agency police officer confronted him for eating a sandwich on a station platform — an apology the agency was later forced to modify and one which the detained man is criticizing as an attempt to blame the incident on him.\u003c/p>\n\u003cp>The Nov. 4 incident at BART's Pleasant Hill Station, \u003ca href=\"https://www.facebook.com/7husal0t7/videos/pcb.2520780144653829/2520765981321912/?type=3&theater\">posted on Facebook\u003c/a> on Friday, sparked a social media backlash against the agency and prompted at least one \u003ca href=\"https://abcnews.go.com/US/bart-riders-hold-lunchtime-eat-protest-man-detained/story?id=66911537\" target=\"_blank\" rel=\"noopener\">\"eat-in\" protest\u003c/a> in response.\u003c/p>\n\u003cp>BART General Manager Bob Powers said in \u003ca href=\"https://www.bart.gov/news/articles/2019/news20191111\" target=\"_blank\" rel=\"noopener\">a written statement\u003c/a> that although eating in BART's paid areas is banned, he was \"disappointed\" in how the encounter between Officer D. McCormick and passenger Steve Foster unfolded.\u003c/p>\n\u003cp>\"The officer was doing his job but context is key,\" Powers' statement said. \"Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation. We have to read each situation and allow people to get where they are going on time and safely. ... I apologize to Mr. Foster, our riders, employees, and the public who have had an emotional reaction to the video.\"\u003c/p>\n\u003cp>Powers' apology initially said that McCormick asked Foster to stop eating \"while passing by on another call. It should have ended there, but it didn’t. When the officer walked by again and still saw him eating, he moved forward with the process of issuing him a citation.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>BART later corrected Powers' statement to clarify that McCormick did not pass by Foster and then return but instead approached Foster about not eating when he first encountered him. \"Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation,\" the corrected statement said.\u003c/p>\n\u003cp>\"I read that apology, and I wasn't feeling it at all,\" Foster, 31, of Concord, said in an interview Monday. He said BART had not contacted him since the incident and that he would \"probably have felt a little better about it and known they were genuine\" if the agency had reached out.\u003c/p>\n\u003cp>Foster said he felt the statement was an attempt \"to make the story seem like I was the one that was actually in the wrong and I was just uncooperative from the jump, and it wasn't like that.\"\u003c/p>\n\u003cp>Foster, who is African American, suggested that he'd been singled out for attention by McCormick, who is white.\u003c/p>\n\u003cp>McCormick \"just came straight up to me and got in my face and told me I couldn't eat on BART,\" Foster said, describing the officer's approach as \"aggressive.\"\u003c/p>\n\u003cp>In its statement, BART noted, as other have, that video of the incident shows Foster directing a string of homophobic slurs at McCormick.\u003c/p>\n\u003cp>\"I've missed two trains because of your old f____t ass,\" Foster says in the video. \"You f____n' f_g. Ask your mama what my name is, that's what you can do.\"\u003c/p>\n\u003cp>On Monday, Foster said he's gotten some \"backlash\" about those comments, but was unapologetic.\u003c/p>\n\u003cp>\"I'm not going to take back what I said. I said what I said. I meant what I said. I mean, I was angry,\" he said. \"I felt disrespected and I felt I needed to disrespect him in every shape, form or fashion I could because I felt I was being singled out.\"\u003c/p>\n\u003cp>Foster's citation for eating on the platform carries a maximum fine of $250 or 48 hours of community service.\u003c/p>\n\u003cp>BART's independent police auditor, Russell Bloom, said Friday his office is collecting evidence on the incident before deciding whether to launch a formal investigation. The evidence includes video from social media and footage from cameras at the station and officers' body cameras.\u003c/p>\n\u003cp>Although frequent BART patrons can testify that eating and drinking on trains and station platforms is an everyday occurrence, it appears to be rare for the prohibition on dining and snacking to be enforced.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>BART spokespeople say they don't have current statistics on eating and drinking citations, but a 2017 \u003ca href=\"https://www.sfgate.com/bayarea/article/It-s-really-hard-to-get-fined-by-BART-for-bad-11821144.php\" target=\"_blank\" rel=\"noopener\">SFGATE inquiry\u003c/a> into the issue found that the agency issued 11 eating/drinking tickets in the final nine months of 2016. That was equivalent to one every 8 million rides.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11786100/bart-says-its-sorry-about-detaining-man-for-eating-but-hes-not-buying-apology","authors":["222"],"categories":["news_6188","news_8","news_1397"],"tags":["news_269","news_1528","news_23794"],"featImg":"news_11786108","label":"news"},"news_11744106":{"type":"posts","id":"news_11744106","meta":{"index":"posts_1591205157","site":"news","id":"11744106","score":null,"sort":[1556735736000]},"guestAuthors":[],"slug":"bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing","title":"BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing","publishDate":1556735736,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 4 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>More than a decade after the BART police killing of Oscar Grant, the transit agency has released a long-sealed report on a shooting that shocked the Bay Area, led to a rare criminal conviction for an officer's use of force and heralded a national movement for police accountability.\u003c/p>\n\u003cp>The 94-page report released Tuesday shows that investigators questioned Officer Johannes Mehserle's explanation for the New Year's Day 2009 shooting — that he meant to draw a Taser, not his service firearm, before firing the round that killed Grant.\u003c/p>\n\u003cp>The document also lays much of the responsibility for the incident, which occurred after BART police responded to a report of a fight on a train, on a second BART officer — Anthony Pirone. The report says Pirone, who punched and kneed Grant after detaining him, \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>The report, completed by independent investigators hired by BART in July 2009, was released by the agency Tuesday under terms of SB 1421, California's new police transparency law.\u003c/p>\n\u003cp>[aside postID='news_11717416' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg' target='_blank']\u003c/p>\n\u003cp>Sections of the report relating to Mehserle were redacted, and investigators noted they had been unable to interview the officer.\u003c/p>\n\u003cp>But they wrote that videos of the Fruitvale Station incident showed Mehserle may have known he was drawing his firearm, not his Taser, before shooting Grant.\u003c/p>\n\u003cp>\"Despite the inability to interview Officer Mehserle, the conclusion can be made from a close viewing of the enhanced video that he was intending to pull his firearm and not his Taser,\" the report says, noting that Mehserle repeatedly reached for his gun \"and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out.\"\u003c/p>\n\u003cp>Mehserle fired a single round into Grant's back.\u003c/p>\n\u003cp>Just prior to the shooting, the 22-year-old Grant, face down on the station platform with Officer Pirone kneeling on his neck and head, had put both hands behind him \"in a handcuffing position,\" the report says.\u003c/p>\n\u003cp>\"Deadly force was not justified under the circumstances,\" the investigation found.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A Los Angeles jury convicted Mehserle of involuntary manslaughter in 2010, and he was sentenced to a two-year prison term, of which he served 11 months. He was released in June 2011.\u003c/p>\n\u003ch4>Role of 'Crazy Cop'\u003c/h4>\n\u003cp>The report is unsparing in its criticism of Pirone's conduct in the chaotic 13 minutes before the shooting, saying the officer lied repeatedly to investigators about his actions.\u003c/p>\n\u003cp>The document says Pirone was the first BART officer on the southbound Fruitvale platform, responding to reports of a fight on a Dublin/Pleasanton train crowded with passengers returning from New Year's Eve festivities in San Francisco.\u003c/p>\n\u003cp>Witnesses would later describe Pirone to investigators as the \"crazy cop,\" “very agitated,\" \"harsh and unprofessional,\" and \"not calm, not once.\"\u003c/p>\n\u003cp>[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Pirone left his partner, Officer Marysol Domenici, who was handling a separate issue at a station agent's booth, and climbed the stairs to the station platform about 2:04 a.m. He stopped three black men who'd just walked off the train, telling them either to \"sit the fuck down\" or \"get on the fucking wall,\" according to what they told investigators.\u003c/p>\n\u003cp>When Domenici joined him, he told her to \"watch these guys,\" while he ordered Grant over to the wall.\u003c/p>\n\u003cp>Pirone then got on the train to detain a passenger named Michael Greer. Witnesses described Pirone as loud, aggressive and profane, with one saying the officer yelled, \"Get the fuck out of my car\" before dragging Greer off the train and handcuffing him.\u003c/p>\n\u003cp>Grant, meanwhile, was telling his friends against the wall to \"just be cool\" and \"be quiet — we’re going to go home tonight\" as they argued with Domenici, according to Jack Bryson Jr., one of the detained men.\u003c/p>\n\u003cp>Pirone told investigators he saw Grant fighting with Domenici and that he rushed to help her.\u003c/p>\n\u003cp>\"The video, however, shows a completely different story, one of Grant pushing his friends back from Domenici and no touching of her ever taking place,\" the report says.\u003c/p>\n\u003cp>When he reached Grant, Pirone told investigators they scuffled. But the report notes that video of the incident shows Pirone shoved Grant against the wall and punched him in the head and that Grant did not fight back.\u003c/p>\n\u003cp>\"Pirone accomplished his apparent intended goal to have Grant sit down. Once down, Pirone kneed Grant in the face,\" the report says, calling the strike \"punitive\" and unjustified.\u003c/p>\n\u003ch4>Officer Used Racial Epithet\u003c/h4>\n\u003cp>Pirone told investigators that Grant called him a \"bitch-ass n-----\" and that he responded by saying, \"bitch-ass n-----, huh?\"\u003c/p>\n\u003cp>\"For a white law enforcement officer to utter the word 'n-----' to an African American male while detaining him in the tense racial atmosphere at the Fruitvale station undoubtedly contributed to the escalation of tensions,\" the report says. \"The use of such a word diminished Officer Pirone and the BART PD.\"\u003c/p>\n\u003cp>At that point, the report says, Pirone and Mehserle began struggling to handcuff Grant.\u003c/p>\n\u003cp>Mehserle shoved Grant down, and Pirone put his knee on Grant's neck and head. The internal investigation found that Pirone's weight likely prevented Grant from getting his hands out from under his stomach to put them behind his back.\u003c/p>\n\u003cp>\"When Pirone takes his weight off Grant, Grant immediately puts both hands behind his back for cuffing,\" the report says.\u003c/p>\n\u003cp>That's when Mehserle drew his gun and fired.\u003c/p>\n\u003cp>Nigel Bryson, one of the men detained along the wall, told investigators he heard the gunshot, then looked over to see Grant raise his head slightly and say, \"You shot me.\"\u003c/p>\n\u003cp>The report found Pirone’s conduct played a major part in setting the stage for the shooting and recommended he be fired.\u003c/p>\n\u003cp>\"Pirone’s repeated, unreasonable and unnecessary use of force; his willful and reckless conduct that endangered the safety of the public and his fellow officers; his failure to be forthcoming about the true events; his changing and shifting stories; his manifest lack of veracity; his professionally inappropriate demeanor; his use of a racially offensive word; and his excessive use of expletives, warrant a recommendation that Officer Pirone be terminated from his employment with BART,” investigators concluded.\u003c/p>\n\u003cp>BART subsequently fired Pirone, who was not criminally charged in connection with the Grant shooting. In 2014, an arbitrator upheld Pirone's termination.\u003c/p>\n\u003cp>In the wake of the Grant case, BART \u003ca href=\"https://www.bart.gov/news/articles/2009/news20090813\" target=\"_blank\" rel=\"noopener noreferrer\">implemented\u003c/a> a series of steps to improve oversight of the police force, including creating an independent police auditor's office and a citizens review board.\u003c/p>\n\u003cp>BART also settled wrongful death lawsuits brought by Grant's mother and daughter, agreeing to pay each more than $1 million.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\"]\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated: \u003c/em>\u003c/p>\n\u003cul>\n\u003cli>1:25 p.m. To add BART's creation of an independent police auditor and citizens police review board.\n\u003c/li>\n\u003cli>4 p.m.: To add date of internal investigation report and BART's settlement of wrongful death lawsuits arising from killing of Oscar Grant.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Investigators questioned BART officer's claim that he meant to use Taser, not firearm, during fatal encounter.","status":"publish","parent":0,"modified":1610480138,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":42,"wordCount":1275},"headData":{"title":"BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing | KQED","description":"Investigators questioned BART officer's claim that he meant to use Taser, not firearm, during fatal encounter.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing","datePublished":"2019-05-01T18:35:36.000Z","dateModified":"2021-01-12T19:35:38.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11744106 https://ww2.kqed.org/news/?p=11744106","disqusUrl":"https://ww2.kqed.org/news/2019/05/01/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing/","disqusTitle":"BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/05/Emslie2wayNewGrantDetails.mp3","audioTrackLength":232,"path":"/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing","audioDuration":232000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>More than a decade after the BART police killing of Oscar Grant, the transit agency has released a long-sealed report on a shooting that shocked the Bay Area, led to a rare criminal conviction for an officer's use of force and heralded a national movement for police accountability.\u003c/p>\n\u003cp>The 94-page report released Tuesday shows that investigators questioned Officer Johannes Mehserle's explanation for the New Year's Day 2009 shooting — that he meant to draw a Taser, not his service firearm, before firing the round that killed Grant.\u003c/p>\n\u003cp>The document also lays much of the responsibility for the incident, which occurred after BART police responded to a report of a fight on a train, on a second BART officer — Anthony Pirone. The report says Pirone, who punched and kneed Grant after detaining him, \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>The report, completed by independent investigators hired by BART in July 2009, was released by the agency Tuesday under terms of SB 1421, California's new police transparency law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11717416","hero":"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sections of the report relating to Mehserle were redacted, and investigators noted they had been unable to interview the officer.\u003c/p>\n\u003cp>But they wrote that videos of the Fruitvale Station incident showed Mehserle may have known he was drawing his firearm, not his Taser, before shooting Grant.\u003c/p>\n\u003cp>\"Despite the inability to interview Officer Mehserle, the conclusion can be made from a close viewing of the enhanced video that he was intending to pull his firearm and not his Taser,\" the report says, noting that Mehserle repeatedly reached for his gun \"and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out.\"\u003c/p>\n\u003cp>Mehserle fired a single round into Grant's back.\u003c/p>\n\u003cp>Just prior to the shooting, the 22-year-old Grant, face down on the station platform with Officer Pirone kneeling on his neck and head, had put both hands behind him \"in a handcuffing position,\" the report says.\u003c/p>\n\u003cp>\"Deadly force was not justified under the circumstances,\" the investigation found.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A Los Angeles jury convicted Mehserle of involuntary manslaughter in 2010, and he was sentenced to a two-year prison term, of which he served 11 months. He was released in June 2011.\u003c/p>\n\u003ch4>Role of 'Crazy Cop'\u003c/h4>\n\u003cp>The report is unsparing in its criticism of Pirone's conduct in the chaotic 13 minutes before the shooting, saying the officer lied repeatedly to investigators about his actions.\u003c/p>\n\u003cp>The document says Pirone was the first BART officer on the southbound Fruitvale platform, responding to reports of a fight on a Dublin/Pleasanton train crowded with passengers returning from New Year's Eve festivities in San Francisco.\u003c/p>\n\u003cp>Witnesses would later describe Pirone to investigators as the \"crazy cop,\" “very agitated,\" \"harsh and unprofessional,\" and \"not calm, not once.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Pirone left his partner, Officer Marysol Domenici, who was handling a separate issue at a station agent's booth, and climbed the stairs to the station platform about 2:04 a.m. He stopped three black men who'd just walked off the train, telling them either to \"sit the fuck down\" or \"get on the fucking wall,\" according to what they told investigators.\u003c/p>\n\u003cp>When Domenici joined him, he told her to \"watch these guys,\" while he ordered Grant over to the wall.\u003c/p>\n\u003cp>Pirone then got on the train to detain a passenger named Michael Greer. Witnesses described Pirone as loud, aggressive and profane, with one saying the officer yelled, \"Get the fuck out of my car\" before dragging Greer off the train and handcuffing him.\u003c/p>\n\u003cp>Grant, meanwhile, was telling his friends against the wall to \"just be cool\" and \"be quiet — we’re going to go home tonight\" as they argued with Domenici, according to Jack Bryson Jr., one of the detained men.\u003c/p>\n\u003cp>Pirone told investigators he saw Grant fighting with Domenici and that he rushed to help her.\u003c/p>\n\u003cp>\"The video, however, shows a completely different story, one of Grant pushing his friends back from Domenici and no touching of her ever taking place,\" the report says.\u003c/p>\n\u003cp>When he reached Grant, Pirone told investigators they scuffled. But the report notes that video of the incident shows Pirone shoved Grant against the wall and punched him in the head and that Grant did not fight back.\u003c/p>\n\u003cp>\"Pirone accomplished his apparent intended goal to have Grant sit down. Once down, Pirone kneed Grant in the face,\" the report says, calling the strike \"punitive\" and unjustified.\u003c/p>\n\u003ch4>Officer Used Racial Epithet\u003c/h4>\n\u003cp>Pirone told investigators that Grant called him a \"bitch-ass n-----\" and that he responded by saying, \"bitch-ass n-----, huh?\"\u003c/p>\n\u003cp>\"For a white law enforcement officer to utter the word 'n-----' to an African American male while detaining him in the tense racial atmosphere at the Fruitvale station undoubtedly contributed to the escalation of tensions,\" the report says. \"The use of such a word diminished Officer Pirone and the BART PD.\"\u003c/p>\n\u003cp>At that point, the report says, Pirone and Mehserle began struggling to handcuff Grant.\u003c/p>\n\u003cp>Mehserle shoved Grant down, and Pirone put his knee on Grant's neck and head. The internal investigation found that Pirone's weight likely prevented Grant from getting his hands out from under his stomach to put them behind his back.\u003c/p>\n\u003cp>\"When Pirone takes his weight off Grant, Grant immediately puts both hands behind his back for cuffing,\" the report says.\u003c/p>\n\u003cp>That's when Mehserle drew his gun and fired.\u003c/p>\n\u003cp>Nigel Bryson, one of the men detained along the wall, told investigators he heard the gunshot, then looked over to see Grant raise his head slightly and say, \"You shot me.\"\u003c/p>\n\u003cp>The report found Pirone’s conduct played a major part in setting the stage for the shooting and recommended he be fired.\u003c/p>\n\u003cp>\"Pirone’s repeated, unreasonable and unnecessary use of force; his willful and reckless conduct that endangered the safety of the public and his fellow officers; his failure to be forthcoming about the true events; his changing and shifting stories; his manifest lack of veracity; his professionally inappropriate demeanor; his use of a racially offensive word; and his excessive use of expletives, warrant a recommendation that Officer Pirone be terminated from his employment with BART,” investigators concluded.\u003c/p>\n\u003cp>BART subsequently fired Pirone, who was not criminally charged in connection with the Grant shooting. In 2014, an arbitrator upheld Pirone's termination.\u003c/p>\n\u003cp>In the wake of the Grant case, BART \u003ca href=\"https://www.bart.gov/news/articles/2009/news20090813\" target=\"_blank\" rel=\"noopener noreferrer\">implemented\u003c/a> a series of steps to improve oversight of the police force, including creating an independent police auditor's office and a citizens review board.\u003c/p>\n\u003cp>BART also settled wrongful death lawsuits brought by Grant's mother and daughter, agreeing to pay each more than $1 million.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated: \u003c/em>\u003c/p>\n\u003cul>\n\u003cli>1:25 p.m. To add BART's creation of an independent police auditor and citizens police review board.\n\u003c/li>\n\u003cli>4 p.m.: To add date of internal investigation report and BART's settlement of wrongful death lawsuits arising from killing of Oscar Grant.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing","authors":["3206","222"],"categories":["news_6188","news_8"],"tags":["news_269","news_1528","news_25303","news_19542","news_155","news_147","news_24767","news_24770"],"featImg":"news_11744117","label":"news"},"news_11651646":{"type":"posts","id":"news_11651646","meta":{"index":"posts_1591205157","site":"news","id":"11651646","score":null,"sort":[1519349344000]},"guestAuthors":[],"slug":"family-protesters-want-bart-officer-in-fatal-shooting-taken-off-duty-and-prosecuted","title":"Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted","publishDate":1519349344,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency's board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu's reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n[contextly_sidebar id=\"Eg0WlUd0wSJdlVEQXO4SE0hJfT9CrR8t\"]\u003cbr>\nTindle's mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>\"How do you put him back up there with families that are still riding -- my children, my grandchildren are still riding BART,\" Banks said during the public comment portion of the meeting. \"That's an insult.\"\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn't have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But a contingent of Tindle's supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus \"Bobby\" Johnson, Grant's uncle, warned that Tindle's death and Mateu's continued employment are stoking outrage.\u003c/p>\n\u003cp>\"We gotta remember the smell of smoke,\" Johnson said, invoking repeated protests in Oakland following Grant's death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. \"We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don't like.\"\u003c/p>\n\u003cp>\"There's a simple ask here -- that the officer be taken off of post,\" he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu's prosecution.\u003c/p>\n\u003cp>\"The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California's history, a police officer was tried and convicted for murder,\" she said, also invoking Grant's death. \"I'm here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.\"\u003c/p>\n\u003cp>\"Your role is to fire him,\" she said. \"The fact that he is on the streets of this community is shameful and you should be concerned.\"\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu's body-camera footage\u003c/a> to Tindle's family.\u003c/p>\n\u003cp>BART police and Tindle's family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle's back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle's family says he died defending his family -- including his partner, her sister and his two young children -- from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle's two children, described him as a family man.\u003c/p>\n\u003cp>\"I have a quiet rage,\" Banks said. \"He's walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle's mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n","blocks":[],"excerpt":"Supporters of the man who Officer Joseph Mateu fatally wounded say unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of those following the BART police shooting of Oscar Grant in 2009.","status":"publish","parent":0,"modified":1519406940,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":750},"headData":{"title":"Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted | KQED","description":"Supporters of the man who Officer Joseph Mateu fatally wounded say unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of those following the BART police shooting of Oscar Grant in 2009.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted","datePublished":"2018-02-23T01:29:04.000Z","dateModified":"2018-02-23T17:29:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11651646 https://ww2.kqed.org/news/?p=11651646","disqusUrl":"https://ww2.kqed.org/news/2018/02/22/family-protesters-want-bart-officer-in-fatal-shooting-taken-off-duty-and-prosecuted/","disqusTitle":"Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted","path":"/news/11651646/family-protesters-want-bart-officer-in-fatal-shooting-taken-off-duty-and-prosecuted","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency's board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu's reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nTindle's mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>\"How do you put him back up there with families that are still riding -- my children, my grandchildren are still riding BART,\" Banks said during the public comment portion of the meeting. \"That's an insult.\"\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn't have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But a contingent of Tindle's supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus \"Bobby\" Johnson, Grant's uncle, warned that Tindle's death and Mateu's continued employment are stoking outrage.\u003c/p>\n\u003cp>\"We gotta remember the smell of smoke,\" Johnson said, invoking repeated protests in Oakland following Grant's death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. \"We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don't like.\"\u003c/p>\n\u003cp>\"There's a simple ask here -- that the officer be taken off of post,\" he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu's prosecution.\u003c/p>\n\u003cp>\"The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California's history, a police officer was tried and convicted for murder,\" she said, also invoking Grant's death. \"I'm here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.\"\u003c/p>\n\u003cp>\"Your role is to fire him,\" she said. \"The fact that he is on the streets of this community is shameful and you should be concerned.\"\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu's body-camera footage\u003c/a> to Tindle's family.\u003c/p>\n\u003cp>BART police and Tindle's family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle's back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle's family says he died defending his family -- including his partner, her sister and his two young children -- from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle's two children, described him as a family man.\u003c/p>\n\u003cp>\"I have a quiet rage,\" Banks said. \"He's walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle's mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11651646/family-protesters-want-bart-officer-in-fatal-shooting-taken-off-duty-and-prosecuted","authors":["3214"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_1528","news_22637","news_416","news_22639"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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