Oscar Grant Killing Will Get New Review From California Dept. of Justice
'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges
Alameda DA Reopens Investigation Into Oscar Grant Killing, Nearly 12 Years Later
BART Releases Report With New Details of Officers' Roles in Oscar Grant Killing
Jury Rejects Lawsuit by Oscar Grant's Father
BART Cop Johannes Mehserle Recalls Details of Oscar Grant Shooting
Court Rules Oscar Grant's Father, Friends Can Sue Mehserle, BART Officers
Appeals Court Upholds Involuntary Manslaughter Conviction of Johannes Mehserle
Oscar Grant's Family Says Weren't Informed of Mehserle Appeal Hearing, Express Outrage
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He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"kqednewsstaffandwires":{"type":"authors","id":"237","meta":{"index":"authors_1591205172","id":"237","found":true},"name":"KQED News Staff and Wires","firstName":"KQED News Staff and Wires","lastName":null,"slug":"kqednewsstaffandwires","email":"onlinenewsstaff@kqed.org","display_author_email":false,"staff_mastheads":[],"title":null,"bio":null,"avatar":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["contributor"]},{"site":"lowdown","roles":["author"]},{"site":"stateofhealth","roles":["contributor"]},{"site":"food","roles":["author"]}],"headData":{"title":"KQED News Staff and Wires | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/72295af8ebbfbd19a4948f5271285664?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/kqednewsstaffandwires"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. 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FM","link":"/"}},"news_11885571":{"type":"posts","id":"news_11885571","meta":{"index":"posts_1591205157","site":"news","id":"11885571","score":null,"sort":[1629324909000]},"guestAuthors":[],"slug":"oscar-grant-killing-will-get-new-review-from-california-dept-of-justice","title":"Oscar Grant Killing Will Get New Review From California Dept. of Justice","publishDate":1629324909,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The California Department of Justice \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-review-oscar-grant-case\">\u003cspan style=\"font-weight: 400\">announced Tuesday\u003c/span>\u003c/a> it will look into the actions of a former BART police officer who was involved, but never criminally charged, in the 2009 killing of Oscar Grant.\u003c/p>\n\u003cp>Grant, a 24-year-old Black man, had no weapons and was being held down on his stomach on a Fruitvale BART station platform when transit cop Johannes Mehserle fired a fatal shot into his back. The incident \u003ca href=\"https://www.kqed.org/news/11823246/it-started-with-oscar-grant-a-police-shooting-in-oakland-and-the-making-of-a-movement-2\">led to massive protests\u003c/a> and murder charges for Mehserle. Mehserle, who said he confused his gun for his Taser, was convicted of manslaughter 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>Now more than a decade later, California Attorney General Rob Bonta says his office will look into the actions of a second officer: Anthony 'Tony' Pirone.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rev. Wanda Johnson, mother of Oscar Grant\"]'[Pirone] should have been charged 12 years ago. And I'm grateful that the attorney general is stepping into it.'[/pullquote]“Transparency is critical to building and maintaining trust between law enforcement and the communities we serve,” Bonta said in a statement. “The California Department of Justice is committed to conducting a thorough, fair, and independent review and will go where the facts lead.”\u003c/p>\n\u003cp>The request for an independent review came from BART’s board of directors and Grant’s family including his mother, Rev. Wanda Johnson, according to the DOJ statement.\u003c/p>\n\u003cp>“He [Pirone] should have been charged 12 years ago,” Johnson said. “And I'm grateful that the attorney general is stepping into it.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bonta’s decision to look into Pirone’s role in Oscar Grant's killing comes on the heels of another \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\">review of the case\u003c/a> done by Alameda County District Attorney Nancy O’Malley last year. In January, O’Malley \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\">announced her office would not bring criminal charges\u003c/a> against the former transit cop.\u003c/p>\n\u003cp>[aside postID=news_11854829 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/01/Oscar-Grant-Mural-1020x741.jpg']Pirone was the first officer on the scene in the early hours of New Year's Day 2009, responding to a call about a fight on a crowded BART train. He pulled Grant off the train, kneed Grant and pinned him to the ground moments before Mehserle fired the fatal shot.\u003c/p>\n\u003cp>BART fired Pirone in 2010, finding he was “in large part, responsible for setting the events in motion that created a chaotic and tense situation on the platform, setting the stage, even if inadvertent, for the shooting of Oscar Grant.\"\u003c/p>\n\u003cp>A lawsuit filed this year by KQED \u003ca href=\"https://www.kqed.org/news/11880600/on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant\">uncovered new details\u003c/a> about Pirone’s involvement in Grant’s death and confidential tapes of BART’s flawed investigation of the incident that were featured in the investigative podcast \"\u003ca href=\"https://www.npr.org/podcasts/510360/on-our-watch\">On Our Watch\u003c/a>.”\u003c/p>\n\u003cp>[aside postID=news_11880600 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/07/finalgrant_wide-e975852f7a7910e38d96a29e7717eea38cf16446-1020x574.jpg']Video footage and witness testimony revealed Pirone threw Grant’s friend Michael Greer to the ground, struck Grant repeatedly, and used the N-word in a verbal exchange with Grant.\u003c/p>\n\u003cp>O’Malley called Pirone’s conduct “utterly unprofessional and disgraceful” in a recorded statement issued in January, but found his only potential crime was assault under color of authority. She said that is a misdemeanor, and the statute of limitations for that crime had long since expired.\u003c/p>\n\u003cp>“There was no conduct [by Pirone] that would support felony murder,” O’Malley said in a June interview with KQED. A team of five lawyers from her office reviewed all the reports and videos, said O’Malley. “I know that we did more than we've done for most cases ever.”\u003c/p>\n\u003cp>Pirone is currently a special forces communications sergeant serving in the California National Guard. His lawyer did not respond to a request for comment.\u003c/p>\n\u003cp>Cephus 'Uncle Bobby X' Johnson, Grant’s uncle, said after all this time and many disappointments, he is “cautiously optimistic” about the DOJ review.\u003c/p>\n\u003cfigure id=\"attachment_11885604\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11885604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cephus 'Uncle Bobby X' Johnson, the uncle of Oscar Grant, speaks during a Juneteenth rally in downtown Oakland on June 19, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It's a very little small price for us to pay, to continue to stand and protest and seek the justice that Oscar was simply trying to get when he was on that platform before he was murdered,” Cephus Johnson said.\u003c/p>\n\u003cp>He said his hope is that this move by the attorney general will provide momentum for two police reform bills that are currently being considered by the Legislature: \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">\u003cspan style=\"font-weight: 400\">S.B. 2\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which would create a decertification process for police officers, and\u003c/span>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB16\">\u003cspan style=\"font-weight: 400\"> S.B. 16\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> which would expand police transparency requirements.\u003c/span>\u003c/p>\n\u003cp>Oscar Grant's mother Wanda Johnson said she hopes that her family's years-long struggle for justice and the DOJ review will provide hope to other families who have lost loved ones to police violence.\u003c/p>\n\u003cp>“Nothing can bring my son back,” she said, “but my family sure can help other families.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Attorney General Rob Bonta says his office will review the actions of former BART officer Anthony Pirone. In January, Alameda County DA Nancy O'Malley declined to file charges against Pirone after her office reopened the case.","status":"publish","parent":0,"modified":1629334225,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":874},"headData":{"title":"Oscar Grant Killing Will Get New Review From California Dept. of Justice | KQED","description":"Attorney General Rob Bonta says his office will review the actions of former BART officer Anthony Pirone. In January, Alameda County DA Nancy O'Malley declined to file charges against Pirone after her office reopened the case.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11885571 https://ww2.kqed.org/news/?p=11885571","disqusUrl":"https://ww2.kqed.org/news/2021/08/18/oscar-grant-killing-will-get-new-review-from-california-dept-of-justice/","disqusTitle":"Oscar Grant Killing Will Get New Review From California Dept. of Justice","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/8b7ad729-0eda-4c20-a12f-ad880106e91e/audio.mp3","subhead":"Attorney General Rob Bonta's office is looking into the actions of a former BART police officer who was never criminally charged in the 2009 shooting.","path":"/news/11885571/oscar-grant-killing-will-get-new-review-from-california-dept-of-justice","audioDuration":57000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The California Department of Justice \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-review-oscar-grant-case\">\u003cspan style=\"font-weight: 400\">announced Tuesday\u003c/span>\u003c/a> it will look into the actions of a former BART police officer who was involved, but never criminally charged, in the 2009 killing of Oscar Grant.\u003c/p>\n\u003cp>Grant, a 24-year-old Black man, had no weapons and was being held down on his stomach on a Fruitvale BART station platform when transit cop Johannes Mehserle fired a fatal shot into his back. The incident \u003ca href=\"https://www.kqed.org/news/11823246/it-started-with-oscar-grant-a-police-shooting-in-oakland-and-the-making-of-a-movement-2\">led to massive protests\u003c/a> and murder charges for Mehserle. Mehserle, who said he confused his gun for his Taser, was convicted of manslaughter 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>Now more than a decade later, California Attorney General Rob Bonta says his office will look into the actions of a second officer: Anthony 'Tony' Pirone.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[Pirone] should have been charged 12 years ago. And I'm grateful that the attorney general is stepping into it.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rev. Wanda Johnson, mother of Oscar Grant","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Transparency is critical to building and maintaining trust between law enforcement and the communities we serve,” Bonta said in a statement. “The California Department of Justice is committed to conducting a thorough, fair, and independent review and will go where the facts lead.”\u003c/p>\n\u003cp>The request for an independent review came from BART’s board of directors and Grant’s family including his mother, Rev. Wanda Johnson, according to the DOJ statement.\u003c/p>\n\u003cp>“He [Pirone] should have been charged 12 years ago,” Johnson said. “And I'm grateful that the attorney general is stepping into it.”\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>Bonta’s decision to look into Pirone’s role in Oscar Grant's killing comes on the heels of another \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\">review of the case\u003c/a> done by Alameda County District Attorney Nancy O’Malley last year. In January, O’Malley \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\">announced her office would not bring criminal charges\u003c/a> against the former transit cop.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11854829","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Oscar-Grant-Mural-1020x741.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Pirone was the first officer on the scene in the early hours of New Year's Day 2009, responding to a call about a fight on a crowded BART train. He pulled Grant off the train, kneed Grant and pinned him to the ground moments before Mehserle fired the fatal shot.\u003c/p>\n\u003cp>BART fired Pirone in 2010, finding he was “in large part, responsible for setting the events in motion that created a chaotic and tense situation on the platform, setting the stage, even if inadvertent, for the shooting of Oscar Grant.\"\u003c/p>\n\u003cp>A lawsuit filed this year by KQED \u003ca href=\"https://www.kqed.org/news/11880600/on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant\">uncovered new details\u003c/a> about Pirone’s involvement in Grant’s death and confidential tapes of BART’s flawed investigation of the incident that were featured in the investigative podcast \"\u003ca href=\"https://www.npr.org/podcasts/510360/on-our-watch\">On Our Watch\u003c/a>.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11880600","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/07/finalgrant_wide-e975852f7a7910e38d96a29e7717eea38cf16446-1020x574.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Video footage and witness testimony revealed Pirone threw Grant’s friend Michael Greer to the ground, struck Grant repeatedly, and used the N-word in a verbal exchange with Grant.\u003c/p>\n\u003cp>O’Malley called Pirone’s conduct “utterly unprofessional and disgraceful” in a recorded statement issued in January, but found his only potential crime was assault under color of authority. She said that is a misdemeanor, and the statute of limitations for that crime had long since expired.\u003c/p>\n\u003cp>“There was no conduct [by Pirone] that would support felony murder,” O’Malley said in a June interview with KQED. A team of five lawyers from her office reviewed all the reports and videos, said O’Malley. “I know that we did more than we've done for most cases ever.”\u003c/p>\n\u003cp>Pirone is currently a special forces communications sergeant serving in the California National Guard. His lawyer did not respond to a request for comment.\u003c/p>\n\u003cp>Cephus 'Uncle Bobby X' Johnson, Grant’s uncle, said after all this time and many disappointments, he is “cautiously optimistic” about the DOJ review.\u003c/p>\n\u003cfigure id=\"attachment_11885604\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11885604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS43770_048_KQED_Oakland_Juneteenth_06192020-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cephus 'Uncle Bobby X' Johnson, the uncle of Oscar Grant, speaks during a Juneteenth rally in downtown Oakland on June 19, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It's a very little small price for us to pay, to continue to stand and protest and seek the justice that Oscar was simply trying to get when he was on that platform before he was murdered,” Cephus Johnson said.\u003c/p>\n\u003cp>He said his hope is that this move by the attorney general will provide momentum for two police reform bills that are currently being considered by the Legislature: \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">\u003cspan style=\"font-weight: 400\">S.B. 2\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which would create a decertification process for police officers, and\u003c/span>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB16\">\u003cspan style=\"font-weight: 400\"> S.B. 16\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> which would expand police transparency requirements.\u003c/span>\u003c/p>\n\u003cp>Oscar Grant's mother Wanda Johnson said she hopes that her family's years-long struggle for justice and the DOJ review will provide hope to other families who have lost loved ones to police violence.\u003c/p>\n\u003cp>“Nothing can bring my son back,” she said, “but my family sure can help other families.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11885571/oscar-grant-killing-will-get-new-review-from-california-dept-of-justice","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_28634","news_18538","news_155","news_29021","news_147","news_28089","news_4379","news_3674"],"featImg":"news_11885603","label":"news_72"},"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":""},"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":""},"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_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":""},"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_140763":{"type":"posts","id":"news_140763","meta":{"index":"posts_1591205157","site":"news","id":"140763","score":null,"sort":[1404250354000]},"guestAuthors":[],"slug":"jury-rejects-lawsuit-by-oscar-grants-father","title":"Jury Rejects Lawsuit by Oscar Grant's Father ","publishDate":1404250354,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_140765\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/842911761.jpg\">\u003cimg class=\"size-medium wp-image-140765\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/842911761-640x436.jpg\" alt=\"Demonstrator march in Oakland in January 2009 to protest the BART police killing of Oscar Grant. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"436\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrator march in Oakland in January 2009 to protest the BART police killing of Oscar Grant. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A federal jury in San Francisco has rejected a civil rights lawsuit filed by the father of Oscar Grant III, the man shot and killed by BART police Officer Johannes Mehserle on New Year's Day 2009.\u003c/p>\n\u003cp>Grant's father, Oscar Grant Jr., is among several people who sued BART or Mehserle in the wake of the fatal shooting at East Oakland's Fruitvale Station. BART settled one of those suits, filed on behalf of Grant's mother and daughter, for $2.8 million. The agency also paid $175,000 to settle a suit by several of the men detained with Grant on the Fruitvale platform.\u003c/p>\n\u003cp>Grant's father's suit claimed that Mehserle had wrongfully denied him a family relationship with his son. That claim was disputed by the defense, which pointed out that the elder Grant has been in prison, serving a life sentence for murder, since his son was an infant.\u003c/p>\n\u003cp>That argument appeared to sway the jury of six women and four men, who were asked to answer two questions: Did Oscar Grant's father prove that he had maintained a deep familial relationship with his son? And did Mehserle harm the younger Grant \"with a purpose … unrelated to a legitimate law enforcement objective?\"\u003c/p>\n\u003cp>The jury unanimously answered no to both questions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Grant shooting touched off a series of protests in Oakland and demands that Mehserle face trial in the case. Alameda County prosecutors charged him with second-degree murder. During his trial in Los Angeles, Mehserle testified that the shooting was a mistake. Mehserle said that as he and other officers attempted to handcuff Grant, who was face-down on the southbound Fruitvale platform, he intended to draw his Taser to subdue the 22-year-old Hayward resident. Instead, he drew his semi-automatic pistol and shot him in the back.\u003c/p>\n\u003cp>A Los Angeles jury convicted him of a lesser charge, involuntary manslaughter. He was sentenced to two years in prison and was paroled after 11 months.\u003c/p>\n\u003cp>\u003cem>Here's the jury's verdict form in Oscar Grant Jr.'s lawsuit:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_424\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/232174614/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Jurors find slain BART passenger's dad, in jail for life, had no meaningful family relationship with son.","status":"publish","parent":0,"modified":1404252168,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":373},"headData":{"title":"Jury Rejects Lawsuit by Oscar Grant's Father | KQED","description":"Jurors find slain BART passenger's dad, in jail for life, had no meaningful family relationship with son.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"140763 http://ww2.kqed.org/news/?p=140763","disqusUrl":"https://ww2.kqed.org/news/2014/07/01/jury-rejects-lawsuit-by-oscar-grants-father/","disqusTitle":"Jury Rejects Lawsuit by Oscar Grant's Father ","path":"/news/140763/jury-rejects-lawsuit-by-oscar-grants-father","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_140765\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/842911761.jpg\">\u003cimg class=\"size-medium wp-image-140765\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/842911761-640x436.jpg\" alt=\"Demonstrator march in Oakland in January 2009 to protest the BART police killing of Oscar Grant. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"436\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrator march in Oakland in January 2009 to protest the BART police killing of Oscar Grant. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A federal jury in San Francisco has rejected a civil rights lawsuit filed by the father of Oscar Grant III, the man shot and killed by BART police Officer Johannes Mehserle on New Year's Day 2009.\u003c/p>\n\u003cp>Grant's father, Oscar Grant Jr., is among several people who sued BART or Mehserle in the wake of the fatal shooting at East Oakland's Fruitvale Station. BART settled one of those suits, filed on behalf of Grant's mother and daughter, for $2.8 million. The agency also paid $175,000 to settle a suit by several of the men detained with Grant on the Fruitvale platform.\u003c/p>\n\u003cp>Grant's father's suit claimed that Mehserle had wrongfully denied him a family relationship with his son. That claim was disputed by the defense, which pointed out that the elder Grant has been in prison, serving a life sentence for murder, since his son was an infant.\u003c/p>\n\u003cp>That argument appeared to sway the jury of six women and four men, who were asked to answer two questions: Did Oscar Grant's father prove that he had maintained a deep familial relationship with his son? And did Mehserle harm the younger Grant \"with a purpose … unrelated to a legitimate law enforcement objective?\"\u003c/p>\n\u003cp>The jury unanimously answered no to both questions.\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>The Grant shooting touched off a series of protests in Oakland and demands that Mehserle face trial in the case. Alameda County prosecutors charged him with second-degree murder. During his trial in Los Angeles, Mehserle testified that the shooting was a mistake. Mehserle said that as he and other officers attempted to handcuff Grant, who was face-down on the southbound Fruitvale platform, he intended to draw his Taser to subdue the 22-year-old Hayward resident. Instead, he drew his semi-automatic pistol and shot him in the back.\u003c/p>\n\u003cp>A Los Angeles jury convicted him of a lesser charge, involuntary manslaughter. He was sentenced to two years in prison and was paroled after 11 months.\u003c/p>\n\u003cp>\u003cem>Here's the jury's verdict form in Oscar Grant Jr.'s lawsuit:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_424\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/232174614/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/140763/jury-rejects-lawsuit-by-oscar-grants-father","authors":["222"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_269","news_155","news_147"],"featImg":"news_140765","label":"news_6944"},"news_138809":{"type":"posts","id":"news_138809","meta":{"index":"posts_1591205157","site":"news","id":"138809","score":null,"sort":[1402698052000]},"guestAuthors":[],"slug":"bart-cop-johannes-mehserle-testifying-in-oscar-grant-shooting-lawsuit","title":"BART Cop Johannes Mehserle Recalls Details of Oscar Grant Shooting","publishDate":1402698052,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_30259\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/mehserle1.jpg\">\u003cimg class=\"size-medium wp-image-30259\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/mehserle1-240x300.jpg\" alt=\"A 2009 police booking photo of former BART Officer Johannes Mehserle. \" width=\"240\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A 2009 police booking photo of former BART Officer Johannes Mehserle.\u003c/figcaption>\u003c/figure>\n\u003cp>\\\u003c/p>\n\u003cp>\u003cstrong>Update, 3:20 p.m. Friday:\u003c/strong> Johannes Mehserle, the former BART police officer convicted of killing passenger Oscar Grant III, was on the witness stand again Friday testifying about the circumstances surrounding the fatal Jan. 1, 2009, shooting. \u003c/p>\n\u003cp>Mehserle and BART are defendants in a federal civil rights suit brought by Grant's father. On Friday, lawyers questioned Mehserle about his claim that he meant to draw a Taser, not his semi-automatic pistol, while he and other officers tried to subdue grant on the platform at the Fruitvale station in East Oakland. \u003c/p>\n\u003cp>Mehserle's attorney, Michael Rains, argued that BART is culpable in the shooting because its Taser training was inadequate. But Mehserle testified that he had no problems with the training and had practiced drawing his Taser, positioned on his left side, with his right hand. When asked how he came to draw his service weapon instead of the stun gun, he said, \"I'm not sure how it happened.\"\u003c/p>\n\u003cp>Just as he did in his 2010 murder trial, Mehserle wept when he recounted details of the shooting. He broke into tears Friday as he recalled seeing a bullet hole in Grant's back and realizing he had shot the suspect. Mehserle was acquitted of the murder charges in the earlier trial, held in Los Angeles, but convicted of involuntary manslaughter. He said during testimony on Wednesday that he disagreed with the jury's verdict in that case. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>This post update includes reporting from the Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update, 3:40 p.m. Wednesday: \u003c/strong>Former BART police Officer Johannes Mehserle made an abbreviated appearance on the stand this afternoon — his testimony interrupted when the judge in the case recessed the trial until Friday. Here's the Associated Press on Mehserle's Wednesday testimony:\u003c/p>\n\u003cblockquote>\u003cp>The former San Francisco Bay Area Rapid Transit police who shot and killed a man on a train platform said Wednesday he disagreed with a jury's verdict convicting him of involuntary manslaughter.\u003c/p>\n\u003cp>Johannes Mehserle was called to the witness stand to testify in a civil trial stemming from a lawsuit filed by the father of Oscar Grant, who was killed on New Year's Day 2009.\u003c/p>\n\u003cp>Grant's father is suing BART, Mehserle and others over the shooting.Mehserle said he accidentally used his gun when he meant to use his Taser.\u003c/p>\n\u003cp>Mehserle paused for several seconds when he was asked whether he agreed with the jury's verdict, which led to his serving about a year in a jail. After answering no, Mehserle wasn't asked any follow-up questions about the verdict.\u003c/p>\n\u003cp>The father's lawyer, Waukeen McCoy was just beginning to question Mehserle about the shooting of Grant on the Fruitvale station platform in Oakland when the judge halted testimony for the trial.\u003c/p>\n\u003cp>Mehserle's testimony continues Friday.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post: \u003c/strong>Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant III on New Year's Day 2009, is appearing in court today to testify in a lawsuit filed by Grant's father.\u003c/p>\n\u003cp>The elder Grant, who's \u003ca href=\"http://www.sfgate.com/bayarea/article/Oscar-Grant-s-imprisoned-dad-sues-BART-3288160.php\" target=\"_blank\">serving a life sentence for murder\u003c/a>, is seeking unspecified damages for violating his civil right to a familial relationship with his son.\u003c/p>\n\u003cp>It's not the first lawsuit in the case. BART has settled suits filed on behalf of Grant III's mother and daughter for a total of $2.8 million. Last month, the agency \u003ca href=\"http://www.sfgate.com/crime/article/BART-settles-suit-filed-by-Oscar-Grant-s-friends-5493273.php\" target=\"_blank\">settled a civil rights lawsuit\u003c/a> brought by several of the men detained with Grant at the Fruitvale BART station in 2009. The reported payment in that case was $175,000.\u003c/p>\n\u003cp>And today is not the first time Mehserle has testified. He also appeared in his 2010 murder trial in Los Angeles, which resulted in a guilty verdict on the lesser charge of involuntary manslaughter. The San Francisco Chronicle's Demian Bulwa covered Mehserle's testimony. \u003ca href=\"http://www.sfgate.com/news/article/Mehserle-on-stand-Emotion-integrity-in-focus-3183764.php\" target=\"_blank\">Some of his impressions\u003c/a> of that 2010 testimony:\u003c/p>\n\u003cblockquote>\u003cp>After Mehserle's seven-hour appearance ended Friday, there were two questions: Did Mehserle murder Grant? And now that he was a human being with a voice, was he the type who could murder Grant?\u003c/p>\n\u003cp>For the most part, the 28-year-old was calm, comfortable and careful, and he came across as the young and inexperienced officer that he is - or was. He often paused after questions, formulating his answers.\u003c/p>\n\u003cp>He cried almost every time he talked about the first moments after he shot Grant - a 22-year-old Hayward resident - in the back. Every time he did, a protest of faint muttering would emerge from Grant's relatives and supporters in the gallery. They, too, were a factor in his testimony.\u003c/p>\n\u003cp>Judge Robert Perry was wary of letting emotion or stagecraft overwhelm Mehserle's explanation for killing Grant - that he thought he had his Taser in his hand when he shot him while trying to handcuff him on Jan. 1, 2009, that \"the thought of my gun never came into the equation.\"\u003c/p>\n\u003cp>Perry told defense attorney Michael Rains to speed things up as he asked Mehserle for childhood memories, and he later cut him off - \"That's too much, Mr. Rains\" - when he tried to drill deeper into his client's grief.\u003c/p>\n\u003cp>Prosecutor David Stein at one point started to crank up an attack, but Perry admonished him: \"Lower your voice.\" He later stopped Stein from asking Mehserle if he ever felt compelled to apologize to Grant's family.\u003c/p>\n\u003cp>Perry was most stern with the gallery, where a Grant supporter was arrested after telling Mehserle to \"save those f-ing tears.\" The judge bellowed: \"I'll clear the courtroom.\"\u003c/p>\u003c/blockquote>\n\u003cp>Finally: Here's the lawsuit, filed in 2009:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_85167\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/229232428/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Testimony comes as jury hears suit from imprisoned father over fatal shooting of his son in 2009. ","status":"publish","parent":0,"modified":1402698597,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":950},"headData":{"title":"BART Cop Johannes Mehserle Recalls Details of Oscar Grant Shooting | KQED","description":"Testimony comes as jury hears suit from imprisoned father over fatal shooting of his son in 2009. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"138809 http://ww2.kqed.org/news/?p=138809","disqusUrl":"https://ww2.kqed.org/news/2014/06/13/bart-cop-johannes-mehserle-testifying-in-oscar-grant-shooting-lawsuit/","disqusTitle":"BART Cop Johannes Mehserle Recalls Details of Oscar Grant Shooting","customPermalink":"2014/06/11/bart-cop-johannes-mehserle-to-testify-in-oscar-grant-lawsuit/","path":"/news/138809/bart-cop-johannes-mehserle-testifying-in-oscar-grant-shooting-lawsuit","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_30259\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/mehserle1.jpg\">\u003cimg class=\"size-medium wp-image-30259\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/mehserle1-240x300.jpg\" alt=\"A 2009 police booking photo of former BART Officer Johannes Mehserle. \" width=\"240\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A 2009 police booking photo of former BART Officer Johannes Mehserle.\u003c/figcaption>\u003c/figure>\n\u003cp>\\\u003c/p>\n\u003cp>\u003cstrong>Update, 3:20 p.m. Friday:\u003c/strong> Johannes Mehserle, the former BART police officer convicted of killing passenger Oscar Grant III, was on the witness stand again Friday testifying about the circumstances surrounding the fatal Jan. 1, 2009, shooting. \u003c/p>\n\u003cp>Mehserle and BART are defendants in a federal civil rights suit brought by Grant's father. On Friday, lawyers questioned Mehserle about his claim that he meant to draw a Taser, not his semi-automatic pistol, while he and other officers tried to subdue grant on the platform at the Fruitvale station in East Oakland. \u003c/p>\n\u003cp>Mehserle's attorney, Michael Rains, argued that BART is culpable in the shooting because its Taser training was inadequate. But Mehserle testified that he had no problems with the training and had practiced drawing his Taser, positioned on his left side, with his right hand. When asked how he came to draw his service weapon instead of the stun gun, he said, \"I'm not sure how it happened.\"\u003c/p>\n\u003cp>Just as he did in his 2010 murder trial, Mehserle wept when he recounted details of the shooting. He broke into tears Friday as he recalled seeing a bullet hole in Grant's back and realizing he had shot the suspect. Mehserle was acquitted of the murder charges in the earlier trial, held in Los Angeles, but convicted of involuntary manslaughter. He said during testimony on Wednesday that he disagreed with the jury's verdict in that case. \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>\u003cem>This post update includes reporting from the Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update, 3:40 p.m. Wednesday: \u003c/strong>Former BART police Officer Johannes Mehserle made an abbreviated appearance on the stand this afternoon — his testimony interrupted when the judge in the case recessed the trial until Friday. Here's the Associated Press on Mehserle's Wednesday testimony:\u003c/p>\n\u003cblockquote>\u003cp>The former San Francisco Bay Area Rapid Transit police who shot and killed a man on a train platform said Wednesday he disagreed with a jury's verdict convicting him of involuntary manslaughter.\u003c/p>\n\u003cp>Johannes Mehserle was called to the witness stand to testify in a civil trial stemming from a lawsuit filed by the father of Oscar Grant, who was killed on New Year's Day 2009.\u003c/p>\n\u003cp>Grant's father is suing BART, Mehserle and others over the shooting.Mehserle said he accidentally used his gun when he meant to use his Taser.\u003c/p>\n\u003cp>Mehserle paused for several seconds when he was asked whether he agreed with the jury's verdict, which led to his serving about a year in a jail. After answering no, Mehserle wasn't asked any follow-up questions about the verdict.\u003c/p>\n\u003cp>The father's lawyer, Waukeen McCoy was just beginning to question Mehserle about the shooting of Grant on the Fruitvale station platform in Oakland when the judge halted testimony for the trial.\u003c/p>\n\u003cp>Mehserle's testimony continues Friday.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post: \u003c/strong>Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant III on New Year's Day 2009, is appearing in court today to testify in a lawsuit filed by Grant's father.\u003c/p>\n\u003cp>The elder Grant, who's \u003ca href=\"http://www.sfgate.com/bayarea/article/Oscar-Grant-s-imprisoned-dad-sues-BART-3288160.php\" target=\"_blank\">serving a life sentence for murder\u003c/a>, is seeking unspecified damages for violating his civil right to a familial relationship with his son.\u003c/p>\n\u003cp>It's not the first lawsuit in the case. BART has settled suits filed on behalf of Grant III's mother and daughter for a total of $2.8 million. Last month, the agency \u003ca href=\"http://www.sfgate.com/crime/article/BART-settles-suit-filed-by-Oscar-Grant-s-friends-5493273.php\" target=\"_blank\">settled a civil rights lawsuit\u003c/a> brought by several of the men detained with Grant at the Fruitvale BART station in 2009. The reported payment in that case was $175,000.\u003c/p>\n\u003cp>And today is not the first time Mehserle has testified. He also appeared in his 2010 murder trial in Los Angeles, which resulted in a guilty verdict on the lesser charge of involuntary manslaughter. The San Francisco Chronicle's Demian Bulwa covered Mehserle's testimony. \u003ca href=\"http://www.sfgate.com/news/article/Mehserle-on-stand-Emotion-integrity-in-focus-3183764.php\" target=\"_blank\">Some of his impressions\u003c/a> of that 2010 testimony:\u003c/p>\n\u003cblockquote>\u003cp>After Mehserle's seven-hour appearance ended Friday, there were two questions: Did Mehserle murder Grant? And now that he was a human being with a voice, was he the type who could murder Grant?\u003c/p>\n\u003cp>For the most part, the 28-year-old was calm, comfortable and careful, and he came across as the young and inexperienced officer that he is - or was. He often paused after questions, formulating his answers.\u003c/p>\n\u003cp>He cried almost every time he talked about the first moments after he shot Grant - a 22-year-old Hayward resident - in the back. Every time he did, a protest of faint muttering would emerge from Grant's relatives and supporters in the gallery. They, too, were a factor in his testimony.\u003c/p>\n\u003cp>Judge Robert Perry was wary of letting emotion or stagecraft overwhelm Mehserle's explanation for killing Grant - that he thought he had his Taser in his hand when he shot him while trying to handcuff him on Jan. 1, 2009, that \"the thought of my gun never came into the equation.\"\u003c/p>\n\u003cp>Perry told defense attorney Michael Rains to speed things up as he asked Mehserle for childhood memories, and he later cut him off - \"That's too much, Mr. Rains\" - when he tried to drill deeper into his client's grief.\u003c/p>\n\u003cp>Prosecutor David Stein at one point started to crank up an attack, but Perry admonished him: \"Lower your voice.\" He later stopped Stein from asking Mehserle if he ever felt compelled to apologize to Grant's family.\u003c/p>\n\u003cp>Perry was most stern with the gallery, where a Grant supporter was arrested after telling Mehserle to \"save those f-ing tears.\" The judge bellowed: \"I'll clear the courtroom.\"\u003c/p>\u003c/blockquote>\n\u003cp>Finally: Here's the lawsuit, filed in 2009:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_85167\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/229232428/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/138809/bart-cop-johannes-mehserle-testifying-in-oscar-grant-shooting-lawsuit","authors":["222"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_269","news_155","news_147"],"featImg":"news_30257","label":"news_6944"},"news_105033":{"type":"posts","id":"news_105033","meta":{"index":"posts_1591205157","site":"news","id":"105033","score":null,"sort":[1375216275000]},"guestAuthors":[],"slug":"mehserle-can-be-sued-by-oscar-grants-father-court-rules","title":"Court Rules Oscar Grant's Father, Friends Can Sue Mehserle, BART Officers","publishDate":1375216275,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>SAN FRANCISCO (KQED and AP) — A federal appeals court says Oscar's Grant father can proceed with a civil rights lawsuit against Johannes Mehserle, the BART officer who shot and killed his son on a train platform.\u003c/p>\n\u003cfigure id=\"attachment_105040\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-105040 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/oscargrant.jpg-300x210.jpg\" alt=\"Wanda Johnson, the mother of Oscar J. Grant III, is comforted by her supporters outside the Los Angeles Superior Court after the involuntary manslaughter verdict against Johannes Mehserle (MARK RALSTON/AFP/Getty Images)\" width=\"300\" height=\"210\">\u003cfigcaption class=\"wp-caption-text\">Wanda Johnson, the mother of Oscar J. Grant III, is comforted by her supporters outside Los Angeles Superior Court after the involuntary manslaughter verdict against Johannes Mehserle. (Mark Ralston/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals' unanimous decision on Tuesday affirmed a lower court's ruling. It rejected Mehserle's bid for immunity by claiming that he was acting in his official capacity when he fatally shot Grant in the back as the 22-year-old lay facedown on a BART platform early New Year's Day 2009.\u003c/p>\n\u003cp>Grant and his friends were being detained after becoming involved in a fracas on the train. The incident was captured on video by several bystanders. Mehserle claimed that he mistakenly shot Grant when he thought he was using his Taser. He served 11 months in prison after being convicted of involuntary manslaughter.\u003c/p>\n\u003cp>The appeals court ruled today that it's up to a jury to determine whether Mehserle was justified in shooting Grant. It also rejected Mehserle's argument that Grant and his father lacked a sufficiently strong relationship to support the father's claim of deprivation of a familial relationship. Grant's father is currently \u003ca href=\"http://www.sfgate.com/bayarea/article/Oscar-Grant-s-imprisoned-dad-sues-BART-3288160.php\" target=\"_blank\">serving a prison sentence for murder\u003c/a>.\u003c/p>\n\u003cp>Oscar Grant's friends who were also involved in the encounter, recently depicted in the film \"\u003ca href=\"http://www.kqed.org/arts/movies/article.jsp?essid=123209\" target=\"_blank\">Fruitvale Station\u003c/a>,\" also brought suit against Mehserle, as well as against BART officers Anthony Pirone and Marysol Domenici. The court today held that Mehserle and Pirone were not entitled to immunity from the friends' claims of improper arrest. The denial of Domenici's immunity by a lower court was vacated and remanded back.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After the incident, Pirone was fired by BART for escalating the confrontation with Grant and his friends. Domenici was also let go but \u003ca href=\"http://www.californiabeat.org/2010/12/17/controversial-ex-bart-police-officer-marysol-domenici-gets-former-job-back\" target=\"_blank\">regained her job\u003c/a> after a labor arbitrator ruled in her favor. \u003c!--more-->\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/news/article/Suits-can-go-forward-in-Oscar-Grant-case-4696297.php\" target=\"_blank\">Chronicle\u003c/a> writes that the case is scheduled to resume in U.S. District Court in San Francisco on Aug. 8. Also ...\u003c/p>\n\u003cblockquote>\u003cp> BART is paying for all of the officers' legal bills and would be responsible for any compensatory damages won at trial. The officers would have to pay any punitive damages.\u003c/p>\u003c/blockquote>\n\u003cp>Cephus Johnson, Grant's uncle, told KQED today that the family was pleased with the 9th Circuit's ruling. “We believe the system has somehow allowed us to see that there’s an opportunity here for some redress of these young men and the father through the system,\" he said. \"It would have been an extreme travesty had the 9th Circuit denied these men and the father the right to pursue and have their day in court, which would have been just as much of a travesty as seeing what happened with the Trayvon Martin verdict.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_23760300/lawsuit-over-2009-oscar-grant-bart-fracas-can\" target=\"_blank\">Mercury News\u003c/a> wrote that Michael Rains, Mehserle's lawyer, \"was not surprised by the court's decision and is prepared to defend the case if it reaches a trial.\"\u003c/p>\n\u003cp>Ini 2011, BART reached a \u003ca href=\"http://www.cbsnews.com/8301-504083_162-20075320-504083.html\" target=\"_blank\">$1.3 million settlement\u003c/a> with Wanda Johnson, Grant's mother, over the shooting. Sophina Mesa, the mother of Grant's daughter, Tatiana, settled with BART on behalf of her daughter for $1.5 million.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>You can \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/29/11-16456%20web%20-%20revised.pdf\" target=\"_blank\">read the decision here\u003c/a> (pdf).\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1375230333,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":577},"headData":{"title":"Court Rules Oscar Grant's Father, Friends Can Sue Mehserle, BART Officers | KQED","description":"SAN FRANCISCO (KQED and AP) — A federal appeals court says Oscar's Grant father can proceed with a civil rights lawsuit against Johannes Mehserle, the BART officer who shot and killed his son on a train platform. The 9th U.S. Circuit Court of Appeals' unanimous decision on Tuesday affirmed a lower court's ruling. It rejected ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"105033 http://ww2.kqed.org/news/?p=105033","disqusUrl":"https://ww2.kqed.org/news/2013/07/30/mehserle-can-be-sued-by-oscar-grants-father-court-rules/","disqusTitle":"Court Rules Oscar Grant's Father, Friends Can Sue Mehserle, BART Officers","customPermalink":"2013/07/30/oscar-grant-mehserle-lawsuit/","path":"/news/105033/mehserle-can-be-sued-by-oscar-grants-father-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>SAN FRANCISCO (KQED and AP) — A federal appeals court says Oscar's Grant father can proceed with a civil rights lawsuit against Johannes Mehserle, the BART officer who shot and killed his son on a train platform.\u003c/p>\n\u003cfigure id=\"attachment_105040\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-105040 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/oscargrant.jpg-300x210.jpg\" alt=\"Wanda Johnson, the mother of Oscar J. Grant III, is comforted by her supporters outside the Los Angeles Superior Court after the involuntary manslaughter verdict against Johannes Mehserle (MARK RALSTON/AFP/Getty Images)\" width=\"300\" height=\"210\">\u003cfigcaption class=\"wp-caption-text\">Wanda Johnson, the mother of Oscar J. Grant III, is comforted by her supporters outside Los Angeles Superior Court after the involuntary manslaughter verdict against Johannes Mehserle. (Mark Ralston/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals' unanimous decision on Tuesday affirmed a lower court's ruling. It rejected Mehserle's bid for immunity by claiming that he was acting in his official capacity when he fatally shot Grant in the back as the 22-year-old lay facedown on a BART platform early New Year's Day 2009.\u003c/p>\n\u003cp>Grant and his friends were being detained after becoming involved in a fracas on the train. The incident was captured on video by several bystanders. Mehserle claimed that he mistakenly shot Grant when he thought he was using his Taser. He served 11 months in prison after being convicted of involuntary manslaughter.\u003c/p>\n\u003cp>The appeals court ruled today that it's up to a jury to determine whether Mehserle was justified in shooting Grant. It also rejected Mehserle's argument that Grant and his father lacked a sufficiently strong relationship to support the father's claim of deprivation of a familial relationship. Grant's father is currently \u003ca href=\"http://www.sfgate.com/bayarea/article/Oscar-Grant-s-imprisoned-dad-sues-BART-3288160.php\" target=\"_blank\">serving a prison sentence for murder\u003c/a>.\u003c/p>\n\u003cp>Oscar Grant's friends who were also involved in the encounter, recently depicted in the film \"\u003ca href=\"http://www.kqed.org/arts/movies/article.jsp?essid=123209\" target=\"_blank\">Fruitvale Station\u003c/a>,\" also brought suit against Mehserle, as well as against BART officers Anthony Pirone and Marysol Domenici. The court today held that Mehserle and Pirone were not entitled to immunity from the friends' claims of improper arrest. The denial of Domenici's immunity by a lower court was vacated and remanded back.\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>After the incident, Pirone was fired by BART for escalating the confrontation with Grant and his friends. Domenici was also let go but \u003ca href=\"http://www.californiabeat.org/2010/12/17/controversial-ex-bart-police-officer-marysol-domenici-gets-former-job-back\" target=\"_blank\">regained her job\u003c/a> after a labor arbitrator ruled in her favor. \u003c!--more-->\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/news/article/Suits-can-go-forward-in-Oscar-Grant-case-4696297.php\" target=\"_blank\">Chronicle\u003c/a> writes that the case is scheduled to resume in U.S. District Court in San Francisco on Aug. 8. Also ...\u003c/p>\n\u003cblockquote>\u003cp> BART is paying for all of the officers' legal bills and would be responsible for any compensatory damages won at trial. The officers would have to pay any punitive damages.\u003c/p>\u003c/blockquote>\n\u003cp>Cephus Johnson, Grant's uncle, told KQED today that the family was pleased with the 9th Circuit's ruling. “We believe the system has somehow allowed us to see that there’s an opportunity here for some redress of these young men and the father through the system,\" he said. \"It would have been an extreme travesty had the 9th Circuit denied these men and the father the right to pursue and have their day in court, which would have been just as much of a travesty as seeing what happened with the Trayvon Martin verdict.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_23760300/lawsuit-over-2009-oscar-grant-bart-fracas-can\" target=\"_blank\">Mercury News\u003c/a> wrote that Michael Rains, Mehserle's lawyer, \"was not surprised by the court's decision and is prepared to defend the case if it reaches a trial.\"\u003c/p>\n\u003cp>Ini 2011, BART reached a \u003ca href=\"http://www.cbsnews.com/8301-504083_162-20075320-504083.html\" target=\"_blank\">$1.3 million settlement\u003c/a> with Wanda Johnson, Grant's mother, over the shooting. Sophina Mesa, the mother of Grant's daughter, Tatiana, settled with BART on behalf of her daughter for $1.5 million.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>You can \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/29/11-16456%20web%20-%20revised.pdf\" target=\"_blank\">read the decision here\u003c/a> (pdf).\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/105033/mehserle-can-be-sued-by-oscar-grants-father-court-rules","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_155","news_147"],"featImg":"news_105040","label":"news_6944"},"news_67608":{"type":"posts","id":"news_67608","meta":{"index":"posts_1591205157","site":"news","id":"67608","score":null,"sort":[1339195505000]},"guestAuthors":[],"slug":"appeals-court-upholds-involuntary-manslaughter-conviction-of-johannes-mehserle","title":"Appeals Court Upholds Involuntary Manslaughter Conviction of Johannes Mehserle","publishDate":1339195505,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>SAN FRANCISCO (Bay City News) A state appeals court in San Francisco today upheld the involuntary manslaughter conviction of former BART police officer Johannes Mehserle in the killing of an unarmed passenger in 2009.\u003c/p>\n\u003cp>Mehserle, 30, has already served his sentence for the fatal shooting of Oscar Grant, 22, of Hayward, at BART's Fruitvale station in Oakland early on New Year's Day in 2009.\u003c/p>\n\u003cp>After being convicted in 2010 in a trial that was moved to Los Angeles, Mehserle was sentenced to two years in prison. He was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle appealed his conviction to the Court of Appeal in a bid to clear his name of a felony record, his lawyers have said. \u003c!--more-->\u003c/p>\n\u003cp>In today's decision, a three-judge panel of the appeals court rejected his claim that there was insufficient evidence to support a conviction of involuntary manslaughter.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mehserle testified at his trial that he intended to use his Taser stun gun to subdue Grant but accidentally used his service revolver instead. \u003c/p>\n\u003cp>His lawyers argued in the appeal that while he made a \"tragic and horrible\" error, he didn't act with the level of criminal recklessness or negligence that legally defines involuntary manslaughter.\u003c/p>\n\u003cp>But the appeals court said, \"We find sufficient evidence that his conduct of mistakenly drawing and firing his handgun instead of his taser constitutes criminal negligence.\"\u003c/p>\n\u003cp>The court said Mehserle's handgun was \"peculiarly distinguishable from his taser for a number of reasons\": the handgun was more than three times heavier; the gun was black and the taser was bright yellow; the gun was on his right side and the taser on his left; and the two devices were kept in their holsters in different ways.\u003c/p>\n\u003cp>\"The jury could have reasonably found defendant's conduct rose to the level of conscious indifference to the consequences of his acts, and was not a mere mistake,\" Justice James Marchiano wrote for the court.\u003c/p>\n\u003cp>The panel also turned down Mehserle's challenge to jury instructions given at his trial and his claim that he should have been granted probation instead of a prison sentence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mehserle's attorneys were not immediately available for comment on the decision, which could be appealed further to the California Supreme Court.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1339196101,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":388},"headData":{"title":"Appeals Court Upholds Involuntary Manslaughter Conviction of Johannes Mehserle | KQED","description":"SAN FRANCISCO (Bay City News) A state appeals court in San Francisco today upheld the involuntary manslaughter conviction of former BART police officer Johannes Mehserle in the killing of an unarmed passenger in 2009. Mehserle, 30, has already served his sentence for the fatal shooting of Oscar Grant, 22, of Hayward, at BART's Fruitvale station","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"67608 http://ww2.kqed.org/news/?p=67608","disqusUrl":"https://ww2.kqed.org/news/2012/06/08/appeals-court-upholds-involuntary-manslaughter-conviction-of-johannes-mehserle/","disqusTitle":"Appeals Court Upholds Involuntary Manslaughter Conviction of Johannes Mehserle","path":"/news/67608/appeals-court-upholds-involuntary-manslaughter-conviction-of-johannes-mehserle","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>SAN FRANCISCO (Bay City News) A state appeals court in San Francisco today upheld the involuntary manslaughter conviction of former BART police officer Johannes Mehserle in the killing of an unarmed passenger in 2009.\u003c/p>\n\u003cp>Mehserle, 30, has already served his sentence for the fatal shooting of Oscar Grant, 22, of Hayward, at BART's Fruitvale station in Oakland early on New Year's Day in 2009.\u003c/p>\n\u003cp>After being convicted in 2010 in a trial that was moved to Los Angeles, Mehserle was sentenced to two years in prison. He was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle appealed his conviction to the Court of Appeal in a bid to clear his name of a felony record, his lawyers have said. \u003c!--more-->\u003c/p>\n\u003cp>In today's decision, a three-judge panel of the appeals court rejected his claim that there was insufficient evidence to support a conviction of involuntary manslaughter.\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>Mehserle testified at his trial that he intended to use his Taser stun gun to subdue Grant but accidentally used his service revolver instead. \u003c/p>\n\u003cp>His lawyers argued in the appeal that while he made a \"tragic and horrible\" error, he didn't act with the level of criminal recklessness or negligence that legally defines involuntary manslaughter.\u003c/p>\n\u003cp>But the appeals court said, \"We find sufficient evidence that his conduct of mistakenly drawing and firing his handgun instead of his taser constitutes criminal negligence.\"\u003c/p>\n\u003cp>The court said Mehserle's handgun was \"peculiarly distinguishable from his taser for a number of reasons\": the handgun was more than three times heavier; the gun was black and the taser was bright yellow; the gun was on his right side and the taser on his left; and the two devices were kept in their holsters in different ways.\u003c/p>\n\u003cp>\"The jury could have reasonably found defendant's conduct rose to the level of conscious indifference to the consequences of his acts, and was not a mere mistake,\" Justice James Marchiano wrote for the court.\u003c/p>\n\u003cp>The panel also turned down Mehserle's challenge to jury instructions given at his trial and his claim that he should have been granted probation instead of a prison sentence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mehserle's attorneys were not immediately available for comment on the decision, which could be appealed further to the California Supreme Court.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/67608/appeals-court-upholds-involuntary-manslaughter-conviction-of-johannes-mehserle","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_155","news_18","news_147"],"label":"news_6944"},"news_65098":{"type":"posts","id":"news_65098","meta":{"index":"posts_1591205157","site":"news","id":"65098","score":null,"sort":[1336761739000]},"guestAuthors":[],"slug":"oscar-grants-family-says-werent-informed-of-mehserle-appeal-hearing-express-outraged","title":"Oscar Grant's Family Says Weren't Informed of Mehserle Appeal Hearing, Express Outrage","publishDate":1336761739,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_65103\" class=\"wp-caption alignleft\" style=\"max-width: 224px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/oscargrantfamily1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/oscargrantfamily1-224x300.jpg\" alt=\"\" title=\"oscargrantfamily\" width=\"224\" height=\"300\" class=\"size-medium wp-image-65103\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oscar Grant's uncle, Cephus Johnson, next to Grant's mother, Wanda Johnson, at a press conference Friday. (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND (Bay City News) The mother and uncle of Oscar Grant III, an unarmed man who was killed by former BART police Officer Johannes Mehserle three years ago, expressed outrage today that they weren't informed of Mehserle's appellate hearing on Wednesday.\u003c/p>\n\u003cp>Speaking at a news conference in Oakland this morning, Grant's mother, Wanda Johnson, and uncle Cephus Johnson said they're also upset that Mehserle, according to his lawyer, would like to return to police work if his involuntary manslaughter conviction for killing Grant is overturned.\u003c/p>\n\u003cp>A three-judge panel of the First District Court of Appeal in San Francisco heard oral arguments on Mehserle's appeal on Wednesday and the court has three months to issue a written decision.\u003c/p>\n\u003cp>Mehserle's appellate lawyer, Dylan Schaffer, said that if Mehserle loses the appeal, he will continue appeals to the California and U.S. supreme courts if necessary. \u003c/p>\n\u003cp>Mehserle, 30, was charged with murder for fatally shooting Grant, a 22-year-old Hayward man, on the platform of the Fruitvale BART station in Oakland in the early morning hours of Jan. 1, 2009, but was convicted of the lesser charge of involuntary manslaughter by a Los Angeles jury in 2010. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mehserle claimed that he meant to use a Taser stun gun on Grant and fired his service weapon by mistake.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Grant's mother and uncle said they're also upset that Mehserle, according to his lawyer, would like to return to police work if his involuntary manslaughter conviction is overturned.\u003c/aside>\n\u003cp>Mehserle was sentenced to two years in prison and was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle's trial lawyer, Michael Rains, said that although Mehserle has completed his sentence, he is pursuing the appeal because he can't return to a job in law enforcement with a felony conviction on his record.\u003c/p>\n\u003cp>Rains said Mehserle has been working in non-law-enforcement jobs, but declined to give details except to say that the former officer is a talented handyman.\u003c/p>\n\u003cp>Cephus Johnson, his voice rising, said, \"We're angry we were denied our right to be at the appellate hearing. This proceeding is an example of shutting victims out of the process.\"\u003c/p>\n\u003cp>He said, \"We don't know if the hearing was fair and we can't trust the racist criminal justice system to be fair.\"\u003c/p>\n\u003cp>Referring to Mehserle, Wanda Johnson said, \"I'm here to denounce his attempt to clear his record. He committed such gross negligence that he should not be allowed back on the streets to protect and serve again.\"\u003c/p>\n\u003cp>She said, \"If he becomes a police officer again it would be a disgrace to our community and a slap in the face to me and my family.\"\u003c/p>\n\u003cp>Jack Bryson, the father of two young men who were with Grant at the Fruitvale station, issued a threat to Mehserle, saying, \"We will follow you and we will make your life miserable just like you made Wanda's life miserable. You will never enjoy life again.\"\u003c/p>\n\u003cp>Rosemary Hernandez, the mother of Sophina Mesa, who was Grant's fiancee and the mother of the couple's young daughter, said, \"My daughter was not notified about the hearing and had to hear about it from the news media. I'm very upset to see my daughter go through so much turmoil.\"\u003c/p>\n\u003cp>Hernandez said, \"My daughter cries and hurts so bad but Johannes Mehserle thinks it's all a joke.\"\u003c/p>\n\u003cp>Wanda Johnson and Cephus Johnson said they are upset at both the Alameda County District Attorney's Office, which prosecuted Mehserle, and the California Attorney General's Office, which is representing the District Attorney's Office in opposing Mehserle's bid for an appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Spokespersons for both offices didn't immediately respond to a request for comment on the matter.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1336762841,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":664},"headData":{"title":"Oscar Grant's Family Says Weren't Informed of Mehserle Appeal Hearing, Express Outrage | KQED","description":"OAKLAND (Bay City News) The mother and uncle of Oscar Grant III, an unarmed man who was killed by former BART police Officer Johannes Mehserle three years ago, expressed outrage today that they weren't informed of Mehserle's appellate hearing on Wednesday. Speaking at a news conference in Oakland this morning, Grant's mother, Wanda Johnson, and","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"65098 http://ww2.kqed.org/news/?p=65098","disqusUrl":"https://ww2.kqed.org/news/2012/05/11/oscar-grants-family-says-werent-informed-of-mehserle-appeal-hearing-express-outraged/","disqusTitle":"Oscar Grant's Family Says Weren't Informed of Mehserle Appeal Hearing, Express Outrage","path":"/news/65098/oscar-grants-family-says-werent-informed-of-mehserle-appeal-hearing-express-outraged","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_65103\" class=\"wp-caption alignleft\" style=\"max-width: 224px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/oscargrantfamily1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/oscargrantfamily1-224x300.jpg\" alt=\"\" title=\"oscargrantfamily\" width=\"224\" height=\"300\" class=\"size-medium wp-image-65103\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oscar Grant's uncle, Cephus Johnson, next to Grant's mother, Wanda Johnson, at a press conference Friday. (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND (Bay City News) The mother and uncle of Oscar Grant III, an unarmed man who was killed by former BART police Officer Johannes Mehserle three years ago, expressed outrage today that they weren't informed of Mehserle's appellate hearing on Wednesday.\u003c/p>\n\u003cp>Speaking at a news conference in Oakland this morning, Grant's mother, Wanda Johnson, and uncle Cephus Johnson said they're also upset that Mehserle, according to his lawyer, would like to return to police work if his involuntary manslaughter conviction for killing Grant is overturned.\u003c/p>\n\u003cp>A three-judge panel of the First District Court of Appeal in San Francisco heard oral arguments on Mehserle's appeal on Wednesday and the court has three months to issue a written decision.\u003c/p>\n\u003cp>Mehserle's appellate lawyer, Dylan Schaffer, said that if Mehserle loses the appeal, he will continue appeals to the California and U.S. supreme courts if necessary. \u003c/p>\n\u003cp>Mehserle, 30, was charged with murder for fatally shooting Grant, a 22-year-old Hayward man, on the platform of the Fruitvale BART station in Oakland in the early morning hours of Jan. 1, 2009, but was convicted of the lesser charge of involuntary manslaughter by a Los Angeles jury in 2010. \u003c!--more-->\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>Mehserle claimed that he meant to use a Taser stun gun on Grant and fired his service weapon by mistake.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Grant's mother and uncle said they're also upset that Mehserle, according to his lawyer, would like to return to police work if his involuntary manslaughter conviction is overturned.\u003c/aside>\n\u003cp>Mehserle was sentenced to two years in prison and was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle's trial lawyer, Michael Rains, said that although Mehserle has completed his sentence, he is pursuing the appeal because he can't return to a job in law enforcement with a felony conviction on his record.\u003c/p>\n\u003cp>Rains said Mehserle has been working in non-law-enforcement jobs, but declined to give details except to say that the former officer is a talented handyman.\u003c/p>\n\u003cp>Cephus Johnson, his voice rising, said, \"We're angry we were denied our right to be at the appellate hearing. This proceeding is an example of shutting victims out of the process.\"\u003c/p>\n\u003cp>He said, \"We don't know if the hearing was fair and we can't trust the racist criminal justice system to be fair.\"\u003c/p>\n\u003cp>Referring to Mehserle, Wanda Johnson said, \"I'm here to denounce his attempt to clear his record. He committed such gross negligence that he should not be allowed back on the streets to protect and serve again.\"\u003c/p>\n\u003cp>She said, \"If he becomes a police officer again it would be a disgrace to our community and a slap in the face to me and my family.\"\u003c/p>\n\u003cp>Jack Bryson, the father of two young men who were with Grant at the Fruitvale station, issued a threat to Mehserle, saying, \"We will follow you and we will make your life miserable just like you made Wanda's life miserable. You will never enjoy life again.\"\u003c/p>\n\u003cp>Rosemary Hernandez, the mother of Sophina Mesa, who was Grant's fiancee and the mother of the couple's young daughter, said, \"My daughter was not notified about the hearing and had to hear about it from the news media. I'm very upset to see my daughter go through so much turmoil.\"\u003c/p>\n\u003cp>Hernandez said, \"My daughter cries and hurts so bad but Johannes Mehserle thinks it's all a joke.\"\u003c/p>\n\u003cp>Wanda Johnson and Cephus Johnson said they are upset at both the Alameda County District Attorney's Office, which prosecuted Mehserle, and the California Attorney General's Office, which is representing the District Attorney's Office in opposing Mehserle's bid for an appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Spokespersons for both offices didn't immediately respond to a request for comment on the matter.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/65098/oscar-grants-family-says-werent-informed-of-mehserle-appeal-hearing-express-outraged","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_155","news_147"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. 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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. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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