Oscar Grant's Cellphones Returned to His Mother, 15 Years After Notorious Police Killing on BART Platform
Update: Oscar Grant and the California Attorney General
Oscar Grant Killing Will Get New Review From California Dept. of Justice
'On Our Watch' Litigation Reveals New Details in Police Shooting of Oscar Grant
Uncle Bobby X on Supporting Families Who’ve Lost Loved Ones to Police Violence
KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings
Activists Call Out Alameda County DA, Other Officials for Delay in Condemning Gunman Who Threatened MLK Rally
BART Directors, Oakland Councilmembers Protest DA's Decision to Not Charge Second Officer in Oscar Grant Killing
'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges
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Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"katewolffe":{"type":"authors","id":"11523","meta":{"index":"authors_1591205172","id":"11523","found":true},"name":"Kate Wolffe","firstName":"Kate","lastName":"Wolffe","slug":"katewolffe","email":"kwolffe@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Reporter + Weekend Host","bio":"Kate Wolffe reports on local Bay Area happenings for KQED, and hosts the news on weekend afternoons. 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He's worked as a senior talk show producer for WILL in Champaign-Urbana, Illinois, and was the founding producer and editor of \u003cem>Racist Sandwich\u003c/em>, a podcast about food, race, class, and gender. 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Wanda Johnson, her son’s two cellphones, the final pieces of evidence that had yet to be returned to the family.[pullquote align=\"right\" size=\"medium\" citation=\"Rev. Wanda Johnson, Oscar Grant's mother\"]‘It’s another piece of my life that’s been fulfilled, having my son’s property. … Even though Oscar’s not here, I still have his property, and it does my heart glad.’[/pullquote]“It’s another piece of my life that’s been fulfilled, having my son’s property,” Johnson said. “And that’s all families want, is to be able to have their loved ones’ property because it gives you a sense [they’re] still there with you. Even though Oscar’s not here, I still have his property, and it does my heart glad.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\">Grant was fatally shot\u003c/a> in the back by former BART police officer Johannes Mehserle, as a second officer held the unarmed 22-year-old man face down on the Fruitvale BART Station platform in the early morning hours of New Year’s Day 2009.\u003c/p>\n\u003cp>The killing, captured on cellphone video, sparked major protests in the Bay Area against police violence and inspired the 2013 movie \u003cem>Fruitvale Station\u003c/em>, starring Michael B. Jordan, about Grant’s final 24 hours before the incident.\u003c/p>\n\u003cp>Mehserle, who argued he had mistakenly grabbed and fired his gun instead of his Taser, was found guilty of involuntary manslaughter and served just 11 months of a two-year sentence.\u003c/p>\n\u003cp>His partner, Anthony Pirone, who was captured on video punching Grant in the face and kneeing him in the head, was never charged.\u003c/p>\n\u003cp>Johnson said that former DA Nancy O’Malley’s staff repeatedly told her that Grant’s phones had been inadvertently mixed up in a large bag with other seized electronic devices and that they could not identify the ones that belonged to Grant.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“There is no justifiable reason that we are aware of why these phones were not returned to her more than 10 years ago,” Price told reporters. “I have been in touch with [Johnson] over the years, and I know that this is something that was dear to her heart.”\u003c/p>\n\u003cp>[aside label=\"more on Oscar Grant\" tag=\"oscar-grant\"]In an email to KQED, O’Malley, who took office in late 2009, said no one ever asked her about the phones and that other members of her team never brought up the issue. She said her staff even reopened the case to determine if they could bring charges against Pirone, who she referred to as “the abusive BART cop,” but ultimately declined to do so.\u003c/p>\n\u003cp>On Thursday, Johnson said she was excited to go home to charge the phones and hopefully find some additional photos of her son. She added that the final photos on one of the phones likely capture Mehserle pointing a Taser at Grant before taking out his gun — evidence that she said would help debunk the officer’s argument that he had confused the two weapons.\u003c/p>\n\u003cp>“His last phone call was to his fiancée at the time,” said Johnson, who founded \u003ca href=\"https://oscargrantfoundation.org/\">the Oscar Grant Foundation\u003c/a>, a nonprofit that seeks to rebuild trust between residents in predominantly Black, high-crime communities and law enforcement, and offers youth scholarships, grief counseling and other community services.\u003c/p>\n\u003cp>“He was up on the platform talking to her, telling her that they were beating them up for no reason,” she said. “It means a lot to be able to look in and see if he had any other pictures he had taken.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"At a press conference Thursday morning, Alameda County District Attorney Pamela Price handed Rev. Wanda Johnson her son’s two cellphones, the last of Grant's personal items that her office had held. Grant was shot and killed by BART police early on New Year's Day 2009 on the platform of the Fruitvale BART station.","status":"publish","parent":0,"modified":1708714442,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":674},"headData":{"title":"Oscar Grant's Cellphones Returned to His Mother, 15 Years After Notorious Police Killing on BART Platform | KQED","description":"At a press conference Thursday morning, Alameda County District Attorney Pamela Price handed Rev. Wanda Johnson her son’s two cellphones, the last of Grant's personal items that her office had held. Grant was shot and killed by BART police early on New Year's Day 2009 on the platform of the Fruitvale BART station.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11976868/oscar-grants-cellphones-returned-to-his-mother-15-years-after-notorious-police-killing-on-bart-platform","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After 15 years of repeated requests, Oscar Grant’s mother was finally handed back the last of her son’s possessions held by authorities.\u003c/p>\n\u003cp>At a press conference Thursday morning, Alameda County District Attorney Pamela Price gave Grant’s mother, Rev. Wanda Johnson, her son’s two cellphones, the final pieces of evidence that had yet to be returned to the family.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s another piece of my life that’s been fulfilled, having my son’s property. … Even though Oscar’s not here, I still have his property, and it does my heart glad.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Rev. Wanda Johnson, Oscar Grant's mother","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It’s another piece of my life that’s been fulfilled, having my son’s property,” Johnson said. “And that’s all families want, is to be able to have their loved ones’ property because it gives you a sense [they’re] still there with you. Even though Oscar’s not here, I still have his property, and it does my heart glad.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\">Grant was fatally shot\u003c/a> in the back by former BART police officer Johannes Mehserle, as a second officer held the unarmed 22-year-old man face down on the Fruitvale BART Station platform in the early morning hours of New Year’s Day 2009.\u003c/p>\n\u003cp>The killing, captured on cellphone video, sparked major protests in the Bay Area against police violence and inspired the 2013 movie \u003cem>Fruitvale Station\u003c/em>, starring Michael B. Jordan, about Grant’s final 24 hours before the incident.\u003c/p>\n\u003cp>Mehserle, who argued he had mistakenly grabbed and fired his gun instead of his Taser, was found guilty of involuntary manslaughter and served just 11 months of a two-year sentence.\u003c/p>\n\u003cp>His partner, Anthony Pirone, who was captured on video punching Grant in the face and kneeing him in the head, was never charged.\u003c/p>\n\u003cp>Johnson said that former DA Nancy O’Malley’s staff repeatedly told her that Grant’s phones had been inadvertently mixed up in a large bag with other seized electronic devices and that they could not identify the ones that belonged to Grant.\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>“There is no justifiable reason that we are aware of why these phones were not returned to her more than 10 years ago,” Price told reporters. “I have been in touch with [Johnson] over the years, and I know that this is something that was dear to her heart.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more on Oscar Grant ","tag":"oscar-grant"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In an email to KQED, O’Malley, who took office in late 2009, said no one ever asked her about the phones and that other members of her team never brought up the issue. She said her staff even reopened the case to determine if they could bring charges against Pirone, who she referred to as “the abusive BART cop,” but ultimately declined to do so.\u003c/p>\n\u003cp>On Thursday, Johnson said she was excited to go home to charge the phones and hopefully find some additional photos of her son. She added that the final photos on one of the phones likely capture Mehserle pointing a Taser at Grant before taking out his gun — evidence that she said would help debunk the officer’s argument that he had confused the two weapons.\u003c/p>\n\u003cp>“His last phone call was to his fiancée at the time,” said Johnson, who founded \u003ca href=\"https://oscargrantfoundation.org/\">the Oscar Grant Foundation\u003c/a>, a nonprofit that seeks to rebuild trust between residents in predominantly Black, high-crime communities and law enforcement, and offers youth scholarships, grief counseling and other community services.\u003c/p>\n\u003cp>“He was up on the platform talking to her, telling her that they were beating them up for no reason,” she said. “It means a lot to be able to look in and see if he had any other pictures he had taken.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11976868/oscar-grants-cellphones-returned-to-his-mother-15-years-after-notorious-police-killing-on-bart-platform","authors":["11897"],"categories":["news_8"],"tags":["news_147","news_24461","news_28089"],"featImg":"news_11639691","label":"news"},"news_11890986":{"type":"posts","id":"news_11890986","meta":{"index":"posts_1591205157","site":"news","id":"11890986","score":null,"sort":[1633471258000]},"guestAuthors":[],"slug":"update-oscar-grant-and-the-attorney-general","title":"Update: Oscar Grant and the California Attorney General","publishDate":1633471258,"format":"standard","headTitle":"Update: Oscar Grant and the California Attorney General | KQED","labelTerm":{},"content":"\u003cp>Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California’s Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with On Our Watch’s Sukey Lewis, Bonta talks about California’s systemic policing issues, his efforts at addressing them and his contention that the Oscar Grant case remains unresolved.\u003c/p>\n\u003cp>We also look at \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">new police reforms\u003c/a>, including one that makes it easier to strip badges from police officers who have committed acts of serious misconduct.\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Update%3A+Oscar+Grant+and+the+Attorney+General&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California's Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with Sukey Lewis, Bonta talks about California's systemic issues in policing and his efforts at addressing them and says the Oscar Grant case remains unresolved. We also look at new police reforms promising that cops who commit serious misconduct can be stripped of their badges.","status":"publish","parent":0,"modified":1709849991,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":147},"headData":{"title":"Update: Oscar Grant and the California Attorney General | KQED","description":"Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California's Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with Sukey Lewis, Bonta talks about California's systemic issues in policing and his efforts at addressing them and says the Oscar Grant case remains unresolved. We also look at new police reforms promising that cops who commit serious misconduct can be stripped of their badges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"On Our Watch Podcast","sourceUrl":"https://www.kqed.org/podcasts/onourwatch","sticky":false,"nprImageAgency":"Luke Medina for NPR","nprStoryId":"1042430689","nprApiLink":"http://api.npr.org/query?id=1042430689&profileTypeId=15&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2021/10/01/1042430689/update-oscar-grant-and-the-attorney-general?ft=nprml&f=1042430689","nprRetrievedStory":"1","nprPubDate":"Fri, 01 Oct 2021 17:48:00 -0400","nprStoryDate":"Fri, 01 Oct 2021 17:48:43 -0400","nprLastModifiedDate":"Fri, 01 Oct 2021 17:48:40 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/10/20211001_ourwatch_oow-bonus-ep-jy-andy_check-final_2.mp3?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","nprAudioM3u":"http://api.npr.org/m3u/11042550192-f5aadf.m3u?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11890986/update-oscar-grant-and-the-attorney-general","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/10/20211001_ourwatch_oow-bonus-ep-jy-andy_check-final_2.mp3?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California’s Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with On Our Watch’s Sukey Lewis, Bonta talks about California’s systemic policing issues, his efforts at addressing them and his contention that the Oscar Grant case remains unresolved.\u003c/p>\n\u003cp>We also look at \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">new police reforms\u003c/a>, including one that makes it easier to strip badges from police officers who have committed acts of serious misconduct.\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Update%3A+Oscar+Grant+and+the+Attorney+General&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11890986/update-oscar-grant-and-the-attorney-general","authors":["8676"],"programs":["news_33521"],"categories":["news_6188","news_8","news_33520"],"tags":["news_18538","news_27918","news_29987","news_9","news_3322","news_18542","news_29466","news_147","news_116","news_20081","news_20625","news_3674","news_22462"],"affiliates":["news_253"],"featImg":"news_11890987","label":"source_news_11890986"},"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_11880600":{"type":"posts","id":"news_11880600","meta":{"index":"posts_1591205157","site":"news","id":"11880600","score":null,"sort":[1625784865000]},"guestAuthors":[],"slug":"on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant","title":"'On Our Watch' Litigation Reveals New Details in Police Shooting of Oscar Grant","publishDate":1625784865,"format":"standard","headTitle":"‘On Our Watch’ Litigation Reveals New Details in Police Shooting of Oscar Grant | KQED","labelTerm":{},"content":"\u003cp>Rev. Wanda Johnson sits down on a folding chair in her driveway on a hot afternoon in June. There’s no air conditioning inside, so she’s fashioned an outside office, and pulls her chair up to a small table where a computer is perched. She’s getting ready to listen to excerpts of nearly 60 hours of newly released tapes — recordings of a police investigation that have been secret for over a decade. On those tapes is a story that’s never been fully heard before: the story of what happened after a transit cop shot her son on a Bay Area Rapid Transit platform on New Year’s Day 2009.\u003c/p>\n\u003cp>One of the first police shootings to be captured on cell phone, millions saw BART police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant’s back as the 22-year-old lay face down on the train station platform. The event would later be depicted in the movie “Fruitvale Station,” in which Michael B. Jordan plays Grant on what would be the last day of his life.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rev. Wanda Johnson, Oscar Grant's mother\"]‘Oscar wasn’t the first. Definitely will not be the last.’[/pullquote]But until now, no one outside the agency has actually heard what happened after the cell phone video ended. A lawsuit filed by KQED earlier this year forced BART to comply with California’s “The Right to Know Act,” a 2019 police transparency law, and release the never-before-heard tapes. The subject of a new podcast by NPR and KQED, \u003cem>On Our Watch\u003c/em>, the tapes allow listeners inside that investigation for the first time, and may provide lessons for larger failings about the system that promises to hold police accountable.\u003c/p>\n\u003cp>It has long been clear that BART made significant missteps in the investigation of Grant’s shooting, and in the aftermath of the incident the Police Chief and two commanders retired. Mehserle would be convicted of involuntary manslaughter and serve 11 months in jail. But the long-secret files focus new attention on former BART police Officer Anthony “Tony” Pirone, who was fired for his actions on the platform but never criminally charged.\u003c/p>\n\u003cp>Pirone was the first officer to respond to a call about a fight on the train crowded with people celebrating New Year’s. When Pirone stopped a group of young men on the platform, Grant and his friend Michael Greer jumped back on the train. Pirone removed Greer from the train and threw him on the ground. After Grant tried to stand up to intervene, Pirone repeatedly hit Grant. The crowd began yelling at Pirone and his partner, objecting to their handling of the situation.\u003c/p>\n\u003cfigure id=\"attachment_11880661\" class=\"wp-caption alignright\" style=\"max-width: 321px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\" wp-image-11880661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-scaled.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant’s mother Rev. Wanda Johnson listens during a press conference in Oakland on Monday, Jan. 11, 2021, after Alameda County District Attorney Nancy O’Malley announced she would not file new charges against BART police Officer Anthony Pirone. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Five more BART officers, including Johannes Mehserle, responded to calls for backup. Mehserle attempted to handcuff Grant as Pirone held Grant down with his knee. When he could not get Grant’s hands, Mehserle pulled out his gun.\u003c/p>\n\u003cp>Within seven minutes of Pirone arriving on the platform, Oscar Grant was fatally shot.\u003c/p>\n\u003cp>“Nothing happened to him and that’s what’s so disheartening and so upsetting to me. This man (started) an event that spiraled out of control, (and) caused my son to lose his life,” Johnson says, as she listens to the tapes.\u003c/p>\n\u003cp>Neither Mehserle nor Pirone agreed to comment for this story.\u003c/p>\n\u003ch3>‘Close Personal Relationship’\u003c/h3>\n\u003cp>The internal documents and tapes show that BART’s criminal investigators and leaders repeatedly missed opportunities to question officers, limiting the scope and potentially the outcome of both the criminal and administrative investigations.\u003c/p>\n\u003cp>Just after the shot was fired, BART police officers put out a call for medical assistance and backup over the radio. What they didn’t broadcast was that an officer was the shooter.\u003c/p>\n\u003cp>“I had to basically put two and two together and figure out it was an officer-involved shooting on my own,” one Oakland police officer would later tell investigators.\u003c/p>\n\u003cp>The BART detective who responded to the initial call, Joel Enriquez, also had to wait for another officer to clarify that the incident was a police shooting. Enriquez can be heard in recordings from that night telling another officer that he wished he could review the policy manual so he could be better prepared to investigate the incident.\u003c/p>\n\u003cp>Enriquez was also close to two of the primary officers involved in the incident, Johannes Mehserle and Tony Pirone.\u003c/p>\n\u003cp>“I would like to put it on record that I have a close, personal and working relationship with you, Tony,” Enriquez, addressing Pirone, said on the Jan. 1, 2009, tape, recorded less than an hour after Grant died in an Oakland hospital. “And I want to make sure that you’re okay with me interviewing you.”\u003c/p>\n\u003cp>“Yeah, I’m fine with that,” Pirone replied.\u003c/p>\n\u003cp>In the initial interview with Pirone, Enriquez fails to ask key questions about the officer’s repeated use of force, and does not challenge or ask Pirone to explain his assertion that he was himself on the verge of using deadly force and in fear for his life.\u003c/p>\n\u003cp>Enriquez did not respond to requests for comment.\u003c/p>\n\u003cp>Pirone’s partner, Officer Marysol Domenici, told investigators that she felt the crowd on the platform was so threatening after Mehserle shot Grant that she was ready to open fire herself.\u003c/p>\n\u003cp>“That’s when I knew, you know, it’s us or them — the crowd,” she said during a Jan. 7, 2009, interview. Because she only had two taser cartridges, she said, she thought she’d have to “start shooting people… I started thinking, Jesus, I’m going to have to do this.”\u003c/p>\n\u003cp>The outside law firm BART hired to take over the internal affairs inquiry later concluded that both officers exaggerated or lied about their level of fear during the incident in an attempt to justify their actions. Both were fired, though Domenici won her job back after an appeal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>A Strategic Decision\u003c/h3>\n\u003cp>Just a week into the shooting inquiry, BART investigators did start to raise questions about Pirone’s violent behavior, police reports show.\u003c/p>\n\u003cp>In one report, BART Police Commander Maria White noted that eight days after the killing, one of the department’s internal affairs investigators, Sgt. David Chlebowski, alerted her to a witness video on a local TV website.\u003c/p>\n\u003cp>Sgt. Chlebowski and several unnamed BART detectives, “voiced concern” over Pirone’s actions depicted in the tape, White wrote.\u003c/p>\n\u003cp>But she “told the detective unit members that their primary focus was the homicide investigation,” delaying a probe into Pirone’s actions, police records show.\u003c/p>\n\u003cp>She waited a month — until several days after BART obtained a copy of the video from the Alameda County District Attorney’s Office — before ordering BART Det. Alan Fueng to open a criminal investigation into Pirone’s use of force.\u003c/p>\n\u003cp>In subsequent police reports, Fueng described interviewing Pirone and his partner, Domenici, the night of the shooting.\u003c/p>\n\u003cp>The result of his inquiry was a “brief summary report.” On March 20, 2009, the report was submitted, “without recommendation,” to the D.A.’s Office “for their review and disposition.” Pirone was never charged.\u003c/p>\n\u003cfigure id=\"attachment_11880665\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11880665\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg\" alt=\"\" width=\"800\" height=\"561\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-1020x716.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-1536x1078.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protestors lay on the ground and yell “don’t shoot” in a demonstration held outside Oakland City Hall on January 14, 2009, to protest the police killing of Oscar Grant. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alameda County District Attorney Nancy O’Malley said in an interview with KQED and NPR that not charging Pirone was a strategic decision. Her office wanted to build the strongest possible case against Mehserhle, which meant using Pirone as a witness, she explained.\u003c/p>\n\u003cp>“He was a key witness in this because he started the whole thing,” she said.\u003c/p>\n\u003cp>In February 2009, under intense public pressure, BART hired an outside law firm called Meyers Nave to do an internal affairs investigation of the incident.\u003c/p>\n\u003cp>BART’s board decided to hire Meyers Nave “because it felt it was critical that the public would have confidence in an independent investigation conducted by a well-respected, experienced law firm,” according to a statement from a spokeswoman.\u003c/p>\n\u003cp>The Meyers Nave report, which was unsealed by “The Right to Know” Act or Senate Bill 1421 in 2019, found that Pirone’s aggressive behavior on the platform broke policy and escalated the situation, rather than taking control of the situation in a way that ensured public safety.\u003c/p>\n\u003cp>The tapes show that Meyers Nave investigators asked Pirone to explain why he used racial epithets in an exchange with Grant.\u003c/p>\n\u003cp>“I specifically remember him telling me about his 4-year-old daughter and how he respects the police. I said, ‘Then why are you giving us a bad time?'” Pirone said to Meyers Nave investigators. “That’s when he says, well, ‘You’re a bitch ass n*****.’ And I said, ‘You’re calling me a bitch ass n*****, you know, that type of thing. And he said, ‘yeah.’ And then I said, ‘Bitch ass, n***** huh?’ I think that’s when Mehserle comes over and pushes him down.”\u003c/p>\n\u003cp>“Pirone 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,” the report found.\u003c/p>\n\u003cp>Meyers Nave also found that Pirone’s statements about his grounds for detaining Grant, his own actions and uses of force shifted across multiple interviews and were contradicted by witness and video evidence.\u003c/p>\n\u003cp>Based on this report, Pirone was fired.\u003c/p>\n\u003cp>Pirone is currently serving the California Army National Guard. He’s a Special Forces Communications Sergeant.\u003c/p>\n\u003cp>“Pirone is a highly decorated soldier with many awards and has been in the military since 1997,” a spokesman for the National Guard wrote in an email. He declined to answer further questions.\u003c/p>\n\u003ch3>‘I Thought He Had a Gun’\u003c/h3>\n\u003cp>The recordings also refocus attention on Mehserle’s controversial explanation for the shooting and his ultimate defense at trial — that he meant to draw a taser, not his semiautomatic pistol, and that the shooting was unintentional. (Both Pirone and Carlos Reyes, one of the men detained on the platform, later said they heard Mehserle announce he was going to tase Grant.)\u003c/p>\n\u003cp>At Mehserle’s criminal trial, the jury believed his explanation and convicted him of involuntary manslaughter.\u003c/p>\n\u003cp>But the Meyers Nave report, released in 2019 after the passage of Senate Bill 1421, came to a different conclusion.\u003c/p>\n\u003cp>“He can be seen trying to draw (his gun) at least two times and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out,” it reads. When Mehserle fired, the report found, Oscar Grant had his hands behind his back.\u003c/p>\n\u003cp>Mehserle’s lawyer Michael Rains disputed this finding in an interview with NPR and KQED, calling the Meyers Nave analysis “flawed” and based on a single frame of video.\u003c/p>\n\u003cp>“That’s probably one one thousandth of a second,” Rains said. “He doesn’t process, ‘I’m looking at my gun.’ That’s ridiculous.”\u003c/p>\n\u003cp>But the newly-released records also include statements of BART officers whom Mehserle confided in after the shooting. They tell investigators Mehserle said he believed Grant was going for a gun and never mentioned his taser.\u003c/p>\n\u003cp>Terry Foreman, a senior BART police officer who served as emotional support for Mehserle in the hours after the shooting, told investigators that he spoke to Mehserle every day in the week after he shot Grant. “Every so often he’ll just say, ‘I thought he had a gun, you know, I thought he had a gun,'” Foreman said during a Jan. 9, 2009, interview. He added that Mehserle frequently broke down weeping during these conversations.\u003c/p>\n\u003cp>“I don’t have an answer for that,” Rains said when asked why Mehserle didn’t tell Foreman that he’d meant to use his taser. Rains said his client was in “horrible shape emotionally.”\u003c/p>\n\u003cp>“It was both an embarrassing failure and a shameful failure on his part,” Rains said. “And that’s the way he felt for days, for weeks.”\u003c/p>\n\u003cp>Foreman and three other officers testified at trial that in the days after the shooting Mehserle did not mention anything about the taser or that it was a mistake.\u003c/p>\n\u003ch3>‘I’d Be in Jail Right Now’\u003c/h3>\n\u003cp>One of the reasons that Mehserle’s defense remains in question could come down to decisions made by BART Command staff in those early hours after the shooting.\u003c/p>\n\u003cp>Mehserle’s Legal Defense Fund lawyer David Mastagni asked to review the bystander video of the shooting before his client provided a statement to investigators on the morning of New Year’s Day, unsealed police records show.\u003c/p>\n\u003cfigure id=\"attachment_11880660\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11880660\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png\" alt=\"\" width=\"800\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-1020x734.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter.png 1492w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant had a photo of his 4-year-old daughter in his wallet when he was killed by police in 2009. Redaction done by BART police department. \u003ccite>(Via BART Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Commander White conferred with investigators from the D.A.’s Office and they made the decision to let Mehserle and his attorney see the video, according to a report written by White.\u003c/p>\n\u003cp>After watching the video and learning that Oscar Grant had died at the hospital, Mehserle invoked his Fifth Amendment rights and refused to give a statement.\u003c/p>\n\u003cp>White did discuss ordering Mehserle — an employee — to give a statement, according to her report. A compelled statement would not be usable in a criminal investigation, but it could be used administratively to determine why Mehserle shot Grant.\u003c/p>\n\u003cp>But BART Command staff did not compel Mehserle to give an interview that morning. Mehserle said he was too tired to talk, according to White’s report. They allowed him to go home, and he agreed he would make a statement the next day. He did not.\u003c/p>\n\u003cp>Six days later, Mehserle resigned from the police force rather than give that statement.\u003c/p>\n\u003cp>BART Command staff also did not require the other officers who were on the platform at the time of the shooting, Emery Knudtson, Jonathan Guerra, Noel Flores and Jon Woffinden, to give interviews. They were instead asked to type up a statement in Microsoft Word. (BART’s regular case management system was visible to other departments.)\u003c/p>\n\u003cp>The officers were not questioned about the actions of Mehserle or Pirone. They were also not questioned about their own actions: Knudtson tackled Fernando Anicete, a friend of Oscar Grant’s, who allegedly threw a phone toward Domenici. Flores pulled both his taser and baton. Woffinden was Mehserle’s partner that night and also drew his baton.\u003c/p>\n\u003cp>The officers were eventually questioned more thoroughly by BART detectives and later by Meyers Nave investigators.\u003c/p>\n\u003cp>The group of Oscar Grant’s friends who were with him on the platform, Fernando Anicete, Michael Greer, Jack Bryson, Nigel Bryson and Carlos Reyes were all taken to the BART police station that morning. Each was handcuffed and questioned by police.\u003c/p>\n\u003cp>They were read their Miranda Rights, according to the police records, but told they weren’t under arrest.\u003c/p>\n\u003cp>“If I was to shoot somebody on BART in their chest while they’re already down I’d be in jail right now,” Jack Bryson can be heard telling investigators. “The cops just did the same thing. So why is it different? Because he’s a cop?”\u003c/p>\n\u003cp>On the tape detectives tell Bryson that there is “no cover up” and that there is “no favoritism” in how police investigate police shootings.\u003c/p>\n\u003cp>In October 2009, BART detective Enriquez recommended that all the detainees be charged with resisting arrest, police records show. The other lead investigator, Fueng, agreed. But the records show they were overruled by command staff who did not want the recommendation forwarded to the D.A.’s Office.\u003c/p>\n\u003cp>The five detainees went on to sue BART. The agency eventually settled with them for $175,000.\u003c/p>\n\u003ch3>‘A Force With Bad Apples’\u003c/h3>\n\u003cp>When another video of a police killing went viral last summer and protests against police violence once again gripped the country, Wanda Johnson felt the echoes of what had happened with her son. George Floyd was not shot, but the way he was pinned made her think of the way Pirone had held down Oscar Grant. Witnesses to Grant’s shooting said he told officers, “I can’t breathe.”\u003c/p>\n\u003cp>In October of 2020, Johnson and her family held a press conference to ask that Grant’s case be reopened and that the District Attorney reconsider charges against Tony Pirone. Johnson said they felt the new information released with Senate Bill 1421, combined with the groundswell of protests, made it the right moment to take another look.\u003c/p>\n\u003cfigure id=\"attachment_11880675\" class=\"wp-caption alignleft\" style=\"max-width: 321px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\" wp-image-11880675\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Tatiana Grant and Wanda Johnson at the BART Fruitvale Station during a vigil on the 10 year anniversary of Grant’s death in Oakland. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>D.A. Nancy O’Malley agreed.\u003c/p>\n\u003cp>Then, in January 2021 she announced that while Pirone’s conduct was “aggressive, utterly unprofessional and disgraceful” her office could not charge him with anything.\u003c/p>\n\u003cp>“We looked at videos, we read every report,” she said. “We did everything to see if there was any legal theory that could hold Pirone accountable other than a 149.”\u003c/p>\n\u003cp>Penal Code 149 — assault under color of authority — is a misdemeanor. The statute of limitations on that charge ran out long ago. KQED’s review of hundreds of internal police records unsealed by the “Right to Know Act” reveal that officers are rarely criminally charged for potentially criminal misbehavior from perjury to sexual misconduct to improper use of force.\u003c/p>\n\u003cp>“Oscar Grant lost his life and we’re sorry for that,” said the current BART Police Chief Ed Alvarez.\u003c/p>\n\u003cp>Alvarez said that the agency learned a lot of hard lessons from the killing of Oscar Grant, and that it has improved significantly in the decade since the Grant shooting by implementing reforms including body cameras, better taser training and a civilian auditor.\u003c/p>\n\u003cp>Alvarez condemned Pirone’s actions and said they remain against policy. But, he said he personally believes that Mehserle did confuse his gun and his taser. At the same time, Alvarez credits the Meyers Nave report for many of the reforms the department has adopted.\u003c/p>\n\u003cp>“People who came in after the fact had time to, I think, process a lot more information and they look at things through different lenses,” Alvarez said of the outside investigation.\u003c/p>\n\u003cp>One thing has not changed: investigations into shootings or officer misconduct remain in-house.\u003c/p>\n\u003cp>Alvarez said he doesn’t see any issue with this common practice.\u003c/p>\n\u003cp>“Friendships are going to always be there,” Alvarez said. “So you just have to deal with it on the professional level and understand that that is your job.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Cephus Johnson, Oscar Grant's uncle\"]‘It’s very obvious if all investigations start in this way, we can never fix this system.’[/pullquote]Grant’s uncle Cephus Johnson, who fought for the passage of “The Right to Know Act,” said it is painful to hear the missteps made by investigators in the early hours and days after his nephew’s shooting.\u003c/p>\n\u003cp>“You know, everything that we knew is actually coming to light today through just listening to these conversations,” Johnson said.\u003c/p>\n\u003cp>To him, it is proof that police cannot police themselves.\u003c/p>\n\u003cp>“We’ve always said accountability and transparency we gotta have, and this is the reason why,” he added. “It’s very obvious if all investigations start in this way, we can never fix this system.”\u003c/p>\n\u003cp>Beyond this case, the files that have been released under the transparency law show that there is little standardization and less oversight of these internal investigations. Deadly force is overwhelmingly found to be justified and in compliance with policies, even in cases where investigators raised questions about the need for officers to shoot and kill. Investigations into sexual assault by officers do not address systemic issues that allowed those officers to abuse their power. And officers with a history of dishonesty have continued to testify in criminal cases.\u003c/p>\n\u003cp>“Oscar wasn’t the first. Definitely will not be the last,” said his mother Wanda Johnson.\u003c/p>\n\u003cp>“If you want to change the force, you would take action on those who commit the offenses. But because you don’t take action on those who commit those offenses, you have exactly what you want — a force with bad apples on it.”\u003c/p>\n\u003cp>\u003cem>NPR’s Austin Fast contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=%27On+Our+Watch%27+Litigation+Reveals+New+Details+In+Police+Shooting+Of+Oscar+Grant&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"One of the first police shootings to be captured on cell phone, millions saw Bay Area Rapid Transit police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant's back as the 22-year-old lay face down on the train station platform. Now, a lawsuit filed by NPR member station KQED has forced BART to comply with California's 2019 police transparency law, and release never-before-heard tapes from inside that investigation.","status":"publish","parent":0,"modified":1700527298,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":91,"wordCount":3696},"headData":{"title":"'On Our Watch' Litigation Reveals New Details in Police Shooting of Oscar Grant | KQED","description":"One of the first police shootings to be captured on cell phone, millions saw Bay Area Rapid Transit police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant's back as the 22-year-old lay face down on the train station platform. Now, a lawsuit filed by NPR member station KQED has forced BART to comply with California's 2019 police transparency law, and release never-before-heard tapes from inside that investigation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"On Our Watch","sourceUrl":"https://www.kqed.org/podcasts/onourwatch","nprImageAgency":"Nicole Xu for NPR","nprStoryId":"1009486885","nprApiLink":"http://api.npr.org/query?id=1009486885&profileTypeId=15&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2021/06/23/1009486885/on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant?ft=nprml&f=1009486885","nprRetrievedStory":"1","nprPubDate":"Thu, 08 Jul 2021 11:16:00 -0400","nprStoryDate":"Thu, 08 Jul 2021 04:00:26 -0400","nprLastModifiedDate":"Thu, 08 Jul 2021 11:16:23 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/07/20210708_ourwatch_on_our_watch_ep7_jn_mix_16.mp3?orgId=1&topicId=1150&d=3945&p=510360&story=1009486885&t=podcast&e=1009486885&ft=nprml&f=1009486885","nprAudioM3u":"http://api.npr.org/m3u/11014020139-e608ba.m3u?orgId=1&topicId=1150&d=3945&p=510360&story=1009486885&t=podcast&e=1009486885&ft=nprml&f=1009486885","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11880600/on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/07/20210708_ourwatch_on_our_watch_ep7_jn_mix_16.mp3?orgId=1&topicId=1150&d=3945&p=510360&story=1009486885&t=podcast&e=1009486885&ft=nprml&f=1009486885","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rev. Wanda Johnson sits down on a folding chair in her driveway on a hot afternoon in June. There’s no air conditioning inside, so she’s fashioned an outside office, and pulls her chair up to a small table where a computer is perched. She’s getting ready to listen to excerpts of nearly 60 hours of newly released tapes — recordings of a police investigation that have been secret for over a decade. On those tapes is a story that’s never been fully heard before: the story of what happened after a transit cop shot her son on a Bay Area Rapid Transit platform on New Year’s Day 2009.\u003c/p>\n\u003cp>One of the first police shootings to be captured on cell phone, millions saw BART police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant’s back as the 22-year-old lay face down on the train station platform. The event would later be depicted in the movie “Fruitvale Station,” in which Michael B. Jordan plays Grant on what would be the last day of his life.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Oscar wasn’t the first. Definitely will not be the last.’","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>But until now, no one outside the agency has actually heard what happened after the cell phone video ended. A lawsuit filed by KQED earlier this year forced BART to comply with California’s “The Right to Know Act,” a 2019 police transparency law, and release the never-before-heard tapes. The subject of a new podcast by NPR and KQED, \u003cem>On Our Watch\u003c/em>, the tapes allow listeners inside that investigation for the first time, and may provide lessons for larger failings about the system that promises to hold police accountable.\u003c/p>\n\u003cp>It has long been clear that BART made significant missteps in the investigation of Grant’s shooting, and in the aftermath of the incident the Police Chief and two commanders retired. Mehserle would be convicted of involuntary manslaughter and serve 11 months in jail. But the long-secret files focus new attention on former BART police Officer Anthony “Tony” Pirone, who was fired for his actions on the platform but never criminally charged.\u003c/p>\n\u003cp>Pirone was the first officer to respond to a call about a fight on the train crowded with people celebrating New Year’s. When Pirone stopped a group of young men on the platform, Grant and his friend Michael Greer jumped back on the train. Pirone removed Greer from the train and threw him on the ground. After Grant tried to stand up to intervene, Pirone repeatedly hit Grant. The crowd began yelling at Pirone and his partner, objecting to their handling of the situation.\u003c/p>\n\u003cfigure id=\"attachment_11880661\" class=\"wp-caption alignright\" style=\"max-width: 321px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\" wp-image-11880661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-scaled.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant’s mother Rev. Wanda Johnson listens during a press conference in Oakland on Monday, Jan. 11, 2021, after Alameda County District Attorney Nancy O’Malley announced she would not file new charges against BART police Officer Anthony Pirone. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Five more BART officers, including Johannes Mehserle, responded to calls for backup. Mehserle attempted to handcuff Grant as Pirone held Grant down with his knee. When he could not get Grant’s hands, Mehserle pulled out his gun.\u003c/p>\n\u003cp>Within seven minutes of Pirone arriving on the platform, Oscar Grant was fatally shot.\u003c/p>\n\u003cp>“Nothing happened to him and that’s what’s so disheartening and so upsetting to me. This man (started) an event that spiraled out of control, (and) caused my son to lose his life,” Johnson says, as she listens to the tapes.\u003c/p>\n\u003cp>Neither Mehserle nor Pirone agreed to comment for this story.\u003c/p>\n\u003ch3>‘Close Personal Relationship’\u003c/h3>\n\u003cp>The internal documents and tapes show that BART’s criminal investigators and leaders repeatedly missed opportunities to question officers, limiting the scope and potentially the outcome of both the criminal and administrative investigations.\u003c/p>\n\u003cp>Just after the shot was fired, BART police officers put out a call for medical assistance and backup over the radio. What they didn’t broadcast was that an officer was the shooter.\u003c/p>\n\u003cp>“I had to basically put two and two together and figure out it was an officer-involved shooting on my own,” one Oakland police officer would later tell investigators.\u003c/p>\n\u003cp>The BART detective who responded to the initial call, Joel Enriquez, also had to wait for another officer to clarify that the incident was a police shooting. Enriquez can be heard in recordings from that night telling another officer that he wished he could review the policy manual so he could be better prepared to investigate the incident.\u003c/p>\n\u003cp>Enriquez was also close to two of the primary officers involved in the incident, Johannes Mehserle and Tony Pirone.\u003c/p>\n\u003cp>“I would like to put it on record that I have a close, personal and working relationship with you, Tony,” Enriquez, addressing Pirone, said on the Jan. 1, 2009, tape, recorded less than an hour after Grant died in an Oakland hospital. “And I want to make sure that you’re okay with me interviewing you.”\u003c/p>\n\u003cp>“Yeah, I’m fine with that,” Pirone replied.\u003c/p>\n\u003cp>In the initial interview with Pirone, Enriquez fails to ask key questions about the officer’s repeated use of force, and does not challenge or ask Pirone to explain his assertion that he was himself on the verge of using deadly force and in fear for his life.\u003c/p>\n\u003cp>Enriquez did not respond to requests for comment.\u003c/p>\n\u003cp>Pirone’s partner, Officer Marysol Domenici, told investigators that she felt the crowd on the platform was so threatening after Mehserle shot Grant that she was ready to open fire herself.\u003c/p>\n\u003cp>“That’s when I knew, you know, it’s us or them — the crowd,” she said during a Jan. 7, 2009, interview. Because she only had two taser cartridges, she said, she thought she’d have to “start shooting people… I started thinking, Jesus, I’m going to have to do this.”\u003c/p>\n\u003cp>The outside law firm BART hired to take over the internal affairs inquiry later concluded that both officers exaggerated or lied about their level of fear during the incident in an attempt to justify their actions. Both were fired, though Domenici won her job back after an appeal.\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\u003ch3>A Strategic Decision\u003c/h3>\n\u003cp>Just a week into the shooting inquiry, BART investigators did start to raise questions about Pirone’s violent behavior, police reports show.\u003c/p>\n\u003cp>In one report, BART Police Commander Maria White noted that eight days after the killing, one of the department’s internal affairs investigators, Sgt. David Chlebowski, alerted her to a witness video on a local TV website.\u003c/p>\n\u003cp>Sgt. Chlebowski and several unnamed BART detectives, “voiced concern” over Pirone’s actions depicted in the tape, White wrote.\u003c/p>\n\u003cp>But she “told the detective unit members that their primary focus was the homicide investigation,” delaying a probe into Pirone’s actions, police records show.\u003c/p>\n\u003cp>She waited a month — until several days after BART obtained a copy of the video from the Alameda County District Attorney’s Office — before ordering BART Det. Alan Fueng to open a criminal investigation into Pirone’s use of force.\u003c/p>\n\u003cp>In subsequent police reports, Fueng described interviewing Pirone and his partner, Domenici, the night of the shooting.\u003c/p>\n\u003cp>The result of his inquiry was a “brief summary report.” On March 20, 2009, the report was submitted, “without recommendation,” to the D.A.’s Office “for their review and disposition.” Pirone was never charged.\u003c/p>\n\u003cfigure id=\"attachment_11880665\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11880665\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg\" alt=\"\" width=\"800\" height=\"561\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-1020x716.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-1536x1078.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protestors lay on the ground and yell “don’t shoot” in a demonstration held outside Oakland City Hall on January 14, 2009, to protest the police killing of Oscar Grant. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alameda County District Attorney Nancy O’Malley said in an interview with KQED and NPR that not charging Pirone was a strategic decision. Her office wanted to build the strongest possible case against Mehserhle, which meant using Pirone as a witness, she explained.\u003c/p>\n\u003cp>“He was a key witness in this because he started the whole thing,” she said.\u003c/p>\n\u003cp>In February 2009, under intense public pressure, BART hired an outside law firm called Meyers Nave to do an internal affairs investigation of the incident.\u003c/p>\n\u003cp>BART’s board decided to hire Meyers Nave “because it felt it was critical that the public would have confidence in an independent investigation conducted by a well-respected, experienced law firm,” according to a statement from a spokeswoman.\u003c/p>\n\u003cp>The Meyers Nave report, which was unsealed by “The Right to Know” Act or Senate Bill 1421 in 2019, found that Pirone’s aggressive behavior on the platform broke policy and escalated the situation, rather than taking control of the situation in a way that ensured public safety.\u003c/p>\n\u003cp>The tapes show that Meyers Nave investigators asked Pirone to explain why he used racial epithets in an exchange with Grant.\u003c/p>\n\u003cp>“I specifically remember him telling me about his 4-year-old daughter and how he respects the police. I said, ‘Then why are you giving us a bad time?'” Pirone said to Meyers Nave investigators. “That’s when he says, well, ‘You’re a bitch ass n*****.’ And I said, ‘You’re calling me a bitch ass n*****, you know, that type of thing. And he said, ‘yeah.’ And then I said, ‘Bitch ass, n***** huh?’ I think that’s when Mehserle comes over and pushes him down.”\u003c/p>\n\u003cp>“Pirone 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,” the report found.\u003c/p>\n\u003cp>Meyers Nave also found that Pirone’s statements about his grounds for detaining Grant, his own actions and uses of force shifted across multiple interviews and were contradicted by witness and video evidence.\u003c/p>\n\u003cp>Based on this report, Pirone was fired.\u003c/p>\n\u003cp>Pirone is currently serving the California Army National Guard. He’s a Special Forces Communications Sergeant.\u003c/p>\n\u003cp>“Pirone is a highly decorated soldier with many awards and has been in the military since 1997,” a spokesman for the National Guard wrote in an email. He declined to answer further questions.\u003c/p>\n\u003ch3>‘I Thought He Had a Gun’\u003c/h3>\n\u003cp>The recordings also refocus attention on Mehserle’s controversial explanation for the shooting and his ultimate defense at trial — that he meant to draw a taser, not his semiautomatic pistol, and that the shooting was unintentional. (Both Pirone and Carlos Reyes, one of the men detained on the platform, later said they heard Mehserle announce he was going to tase Grant.)\u003c/p>\n\u003cp>At Mehserle’s criminal trial, the jury believed his explanation and convicted him of involuntary manslaughter.\u003c/p>\n\u003cp>But the Meyers Nave report, released in 2019 after the passage of Senate Bill 1421, came to a different conclusion.\u003c/p>\n\u003cp>“He can be seen trying to draw (his gun) at least two times and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out,” it reads. When Mehserle fired, the report found, Oscar Grant had his hands behind his back.\u003c/p>\n\u003cp>Mehserle’s lawyer Michael Rains disputed this finding in an interview with NPR and KQED, calling the Meyers Nave analysis “flawed” and based on a single frame of video.\u003c/p>\n\u003cp>“That’s probably one one thousandth of a second,” Rains said. “He doesn’t process, ‘I’m looking at my gun.’ That’s ridiculous.”\u003c/p>\n\u003cp>But the newly-released records also include statements of BART officers whom Mehserle confided in after the shooting. They tell investigators Mehserle said he believed Grant was going for a gun and never mentioned his taser.\u003c/p>\n\u003cp>Terry Foreman, a senior BART police officer who served as emotional support for Mehserle in the hours after the shooting, told investigators that he spoke to Mehserle every day in the week after he shot Grant. “Every so often he’ll just say, ‘I thought he had a gun, you know, I thought he had a gun,'” Foreman said during a Jan. 9, 2009, interview. He added that Mehserle frequently broke down weeping during these conversations.\u003c/p>\n\u003cp>“I don’t have an answer for that,” Rains said when asked why Mehserle didn’t tell Foreman that he’d meant to use his taser. Rains said his client was in “horrible shape emotionally.”\u003c/p>\n\u003cp>“It was both an embarrassing failure and a shameful failure on his part,” Rains said. “And that’s the way he felt for days, for weeks.”\u003c/p>\n\u003cp>Foreman and three other officers testified at trial that in the days after the shooting Mehserle did not mention anything about the taser or that it was a mistake.\u003c/p>\n\u003ch3>‘I’d Be in Jail Right Now’\u003c/h3>\n\u003cp>One of the reasons that Mehserle’s defense remains in question could come down to decisions made by BART Command staff in those early hours after the shooting.\u003c/p>\n\u003cp>Mehserle’s Legal Defense Fund lawyer David Mastagni asked to review the bystander video of the shooting before his client provided a statement to investigators on the morning of New Year’s Day, unsealed police records show.\u003c/p>\n\u003cfigure id=\"attachment_11880660\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11880660\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png\" alt=\"\" width=\"800\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-1020x734.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter.png 1492w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant had a photo of his 4-year-old daughter in his wallet when he was killed by police in 2009. Redaction done by BART police department. \u003ccite>(Via BART Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Commander White conferred with investigators from the D.A.’s Office and they made the decision to let Mehserle and his attorney see the video, according to a report written by White.\u003c/p>\n\u003cp>After watching the video and learning that Oscar Grant had died at the hospital, Mehserle invoked his Fifth Amendment rights and refused to give a statement.\u003c/p>\n\u003cp>White did discuss ordering Mehserle — an employee — to give a statement, according to her report. A compelled statement would not be usable in a criminal investigation, but it could be used administratively to determine why Mehserle shot Grant.\u003c/p>\n\u003cp>But BART Command staff did not compel Mehserle to give an interview that morning. Mehserle said he was too tired to talk, according to White’s report. They allowed him to go home, and he agreed he would make a statement the next day. He did not.\u003c/p>\n\u003cp>Six days later, Mehserle resigned from the police force rather than give that statement.\u003c/p>\n\u003cp>BART Command staff also did not require the other officers who were on the platform at the time of the shooting, Emery Knudtson, Jonathan Guerra, Noel Flores and Jon Woffinden, to give interviews. They were instead asked to type up a statement in Microsoft Word. (BART’s regular case management system was visible to other departments.)\u003c/p>\n\u003cp>The officers were not questioned about the actions of Mehserle or Pirone. They were also not questioned about their own actions: Knudtson tackled Fernando Anicete, a friend of Oscar Grant’s, who allegedly threw a phone toward Domenici. Flores pulled both his taser and baton. Woffinden was Mehserle’s partner that night and also drew his baton.\u003c/p>\n\u003cp>The officers were eventually questioned more thoroughly by BART detectives and later by Meyers Nave investigators.\u003c/p>\n\u003cp>The group of Oscar Grant’s friends who were with him on the platform, Fernando Anicete, Michael Greer, Jack Bryson, Nigel Bryson and Carlos Reyes were all taken to the BART police station that morning. Each was handcuffed and questioned by police.\u003c/p>\n\u003cp>They were read their Miranda Rights, according to the police records, but told they weren’t under arrest.\u003c/p>\n\u003cp>“If I was to shoot somebody on BART in their chest while they’re already down I’d be in jail right now,” Jack Bryson can be heard telling investigators. “The cops just did the same thing. So why is it different? Because he’s a cop?”\u003c/p>\n\u003cp>On the tape detectives tell Bryson that there is “no cover up” and that there is “no favoritism” in how police investigate police shootings.\u003c/p>\n\u003cp>In October 2009, BART detective Enriquez recommended that all the detainees be charged with resisting arrest, police records show. The other lead investigator, Fueng, agreed. But the records show they were overruled by command staff who did not want the recommendation forwarded to the D.A.’s Office.\u003c/p>\n\u003cp>The five detainees went on to sue BART. The agency eventually settled with them for $175,000.\u003c/p>\n\u003ch3>‘A Force With Bad Apples’\u003c/h3>\n\u003cp>When another video of a police killing went viral last summer and protests against police violence once again gripped the country, Wanda Johnson felt the echoes of what had happened with her son. George Floyd was not shot, but the way he was pinned made her think of the way Pirone had held down Oscar Grant. Witnesses to Grant’s shooting said he told officers, “I can’t breathe.”\u003c/p>\n\u003cp>In October of 2020, Johnson and her family held a press conference to ask that Grant’s case be reopened and that the District Attorney reconsider charges against Tony Pirone. Johnson said they felt the new information released with Senate Bill 1421, combined with the groundswell of protests, made it the right moment to take another look.\u003c/p>\n\u003cfigure id=\"attachment_11880675\" class=\"wp-caption alignleft\" style=\"max-width: 321px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\" wp-image-11880675\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Tatiana Grant and Wanda Johnson at the BART Fruitvale Station during a vigil on the 10 year anniversary of Grant’s death in Oakland. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>D.A. Nancy O’Malley agreed.\u003c/p>\n\u003cp>Then, in January 2021 she announced that while Pirone’s conduct was “aggressive, utterly unprofessional and disgraceful” her office could not charge him with anything.\u003c/p>\n\u003cp>“We looked at videos, we read every report,” she said. “We did everything to see if there was any legal theory that could hold Pirone accountable other than a 149.”\u003c/p>\n\u003cp>Penal Code 149 — assault under color of authority — is a misdemeanor. The statute of limitations on that charge ran out long ago. KQED’s review of hundreds of internal police records unsealed by the “Right to Know Act” reveal that officers are rarely criminally charged for potentially criminal misbehavior from perjury to sexual misconduct to improper use of force.\u003c/p>\n\u003cp>“Oscar Grant lost his life and we’re sorry for that,” said the current BART Police Chief Ed Alvarez.\u003c/p>\n\u003cp>Alvarez said that the agency learned a lot of hard lessons from the killing of Oscar Grant, and that it has improved significantly in the decade since the Grant shooting by implementing reforms including body cameras, better taser training and a civilian auditor.\u003c/p>\n\u003cp>Alvarez condemned Pirone’s actions and said they remain against policy. But, he said he personally believes that Mehserle did confuse his gun and his taser. At the same time, Alvarez credits the Meyers Nave report for many of the reforms the department has adopted.\u003c/p>\n\u003cp>“People who came in after the fact had time to, I think, process a lot more information and they look at things through different lenses,” Alvarez said of the outside investigation.\u003c/p>\n\u003cp>One thing has not changed: investigations into shootings or officer misconduct remain in-house.\u003c/p>\n\u003cp>Alvarez said he doesn’t see any issue with this common practice.\u003c/p>\n\u003cp>“Friendships are going to always be there,” Alvarez said. “So you just have to deal with it on the professional level and understand that that is your job.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s very obvious if all investigations start in this way, we can never fix this system.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Cephus Johnson, Oscar Grant's uncle","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Grant’s uncle Cephus Johnson, who fought for the passage of “The Right to Know Act,” said it is painful to hear the missteps made by investigators in the early hours and days after his nephew’s shooting.\u003c/p>\n\u003cp>“You know, everything that we knew is actually coming to light today through just listening to these conversations,” Johnson said.\u003c/p>\n\u003cp>To him, it is proof that police cannot police themselves.\u003c/p>\n\u003cp>“We’ve always said accountability and transparency we gotta have, and this is the reason why,” he added. “It’s very obvious if all investigations start in this way, we can never fix this system.”\u003c/p>\n\u003cp>Beyond this case, the files that have been released under the transparency law show that there is little standardization and less oversight of these internal investigations. Deadly force is overwhelmingly found to be justified and in compliance with policies, even in cases where investigators raised questions about the need for officers to shoot and kill. Investigations into sexual assault by officers do not address systemic issues that allowed those officers to abuse their power. And officers with a history of dishonesty have continued to testify in criminal cases.\u003c/p>\n\u003cp>“Oscar wasn’t the first. Definitely will not be the last,” said his mother Wanda Johnson.\u003c/p>\n\u003cp>“If you want to change the force, you would take action on those who commit the offenses. But because you don’t take action on those who commit those offenses, you have exactly what you want — a force with bad apples on it.”\u003c/p>\n\u003cp>\u003cem>NPR’s Austin Fast contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=%27On+Our+Watch%27+Litigation+Reveals+New+Details+In+Police+Shooting+Of+Oscar+Grant&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\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/11880600/on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant","authors":["7239","8676","3206","222"],"programs":["news_33521"],"categories":["news_6188","news_8","news_33520"],"tags":["news_19971","news_28097","news_412","news_29466","news_147","news_116","news_20625"],"featImg":"news_11880601","label":"source_news_11880600"},"news_11869303":{"type":"posts","id":"news_11869303","meta":{"index":"posts_1591205157","site":"news","id":"11869303","score":null,"sort":[1618394436000]},"guestAuthors":[],"slug":"uncle-bobby-x-families-police-violence-oakland","title":"Uncle Bobby X on Supporting Families Who’ve Lost Loved Ones to Police Violence","publishDate":1618394436,"format":"audio","headTitle":"Uncle Bobby X on Supporting Families Who’ve Lost Loved Ones to Police Violence | KQED","labelTerm":{},"content":"\u003cp>Oscar Grant’s name has been circulating after police in the Minneapolis suburb of Brooklyn Center claimed that 20-year-old Daunte Wright was “accidentally” killed after a veteran officer shot him with a gun instead of her taser. It’s similar to what BART police claimed after an officer shot and killed Oscar Grant in 2009.\u003c/p>\n\u003cp>Cephus Johnson, Grant’s uncle, talked with us last September following a summer of protests against police violence about what it’s like for family members who are thrust into activism after losing loved ones to police — and how to heal through resistance.\u003c/p>\n\u003cp>\u003cstrong>Guest\u003c/strong>: Cephus Johnson, aka Uncle Bobby X, founder of the Oscar Grant Foundation and \u003ca href=\"https://www.lovenotbloodcampaign.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Love Not Blood Campaign\u003c/a>.\u003c/p>\n\u003cp>Episode transcript \u003ca href=\"https://bit.ly/3uLnCLy\">here\u003c/a>.\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This episode originally aired on September 4, 2020. Subscribe to \u003c/span>\u003c/i>\u003ca href=\"https://www.kqed.org/news/tag/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">The Bay\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> to hear more local Bay Area stories like this one. New episodes are released Monday, Wednesday and Friday at 3 a.m. Find The Bay on \u003c/span>\u003c/i>\u003ca href=\"https://podcasts.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003ci>\u003cspan style=\"font-weight: 400\">Apple Podcasts\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://open.spotify.com/show/4BIKBKIujizLHlIlBNaAqQ\">\u003ci>\u003cspan style=\"font-weight: 400\">Spotify\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://www.stitcher.com/podcast/kqed/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">Stitcher\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, NPR One or via \u003c/span>\u003c/i>\u003ca href=\"https://www.amazon.com/KQED-The-Bay-Flash-Briefing/dp/B07H6YYV23\">\u003ci>\u003cspan style=\"font-weight: 400\">Alexa\u003c/span>\u003c/i>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700693012,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":178},"headData":{"title":"Uncle Bobby X on Supporting Families Who’ve Lost Loved Ones to Police Violence | KQED","description":"Oscar Grant’s name has been circulating after police in the Minneapolis suburb of Brooklyn Center claimed that 20-year-old Daunte Wright was “accidentally” killed after a veteran officer shot him with a gun instead of her taser. It's similar to what BART police claimed after an officer shot and killed Oscar Grant in 2009. Cephus Johnson,","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC1245799720.mp3?updated=1618360732","path":"/news/11869303/uncle-bobby-x-families-police-violence-oakland","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oscar Grant’s name has been circulating after police in the Minneapolis suburb of Brooklyn Center claimed that 20-year-old Daunte Wright was “accidentally” killed after a veteran officer shot him with a gun instead of her taser. It’s similar to what BART police claimed after an officer shot and killed Oscar Grant in 2009.\u003c/p>\n\u003cp>Cephus Johnson, Grant’s uncle, talked with us last September following a summer of protests against police violence about what it’s like for family members who are thrust into activism after losing loved ones to police — and how to heal through resistance.\u003c/p>\n\u003cp>\u003cstrong>Guest\u003c/strong>: Cephus Johnson, aka Uncle Bobby X, founder of the Oscar Grant Foundation and \u003ca href=\"https://www.lovenotbloodcampaign.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Love Not Blood Campaign\u003c/a>.\u003c/p>\n\u003cp>Episode transcript \u003ca href=\"https://bit.ly/3uLnCLy\">here\u003c/a>.\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This episode originally aired on September 4, 2020. Subscribe to \u003c/span>\u003c/i>\u003ca href=\"https://www.kqed.org/news/tag/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">The Bay\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> to hear more local Bay Area stories like this one. New episodes are released Monday, Wednesday and Friday at 3 a.m. Find The Bay on \u003c/span>\u003c/i>\u003ca href=\"https://podcasts.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003ci>\u003cspan style=\"font-weight: 400\">Apple Podcasts\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://open.spotify.com/show/4BIKBKIujizLHlIlBNaAqQ\">\u003ci>\u003cspan style=\"font-weight: 400\">Spotify\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://www.stitcher.com/podcast/kqed/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">Stitcher\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, NPR One or via \u003c/span>\u003c/i>\u003ca href=\"https://www.amazon.com/KQED-The-Bay-Flash-Briefing/dp/B07H6YYV23\">\u003ci>\u003cspan style=\"font-weight: 400\">Alexa\u003c/span>\u003c/i>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\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>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11869303/uncle-bobby-x-families-police-violence-oakland","authors":["8654","11649","7240"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_147","news_22598"],"featImg":"news_11836595","label":"source_news_11869303"},"news_11861149":{"type":"posts","id":"news_11861149","meta":{"index":"posts_1591205157","site":"news","id":"11861149","score":null,"sort":[1613771527000]},"guestAuthors":[],"slug":"kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","publishDate":1613771527,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.[aside postID=\"news_11854829,news_11823616,news_11717416\" label=\"Oscar Grant\" heroLink=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\"]\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.[aside postID=\"news_11744106,news_11734848,news_11840500\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>[documentcloud url=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" responsive=true text=false]\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","status":"publish","parent":0,"modified":1613776171,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1316},"headData":{"title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings | KQED","description":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11861149 https://ww2.kqed.org/news/?p=11861149","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings/","disqusTitle":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","path":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11854829,news_11823616,news_11717416","label":"Oscar Grant ","herolink":"https://www.kqed.org/news/tag/oscar-grant","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11744106,news_11734848,news_11840500","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","authors":["3206","8676"],"categories":["news_6188","news_8"],"tags":["news_28634","news_269","news_1528","news_4540","news_27918","news_17725","news_147","news_24767","news_22639"],"featImg":"news_11861173","label":"news"},"news_11856441":{"type":"posts","id":"news_11856441","meta":{"index":"posts_1591205157","site":"news","id":"11856441","score":null,"sort":[1611350940000]},"guestAuthors":[],"slug":"activists-call-out-alameda-county-da-other-officials-for-delay-in-condemning-gunman-that-threatened-mlk-rally","title":"Activists Call Out Alameda County DA, Other Officials for Delay in Condemning Gunman Who Threatened MLK Rally","publishDate":1611350940,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Activists are criticizing Alameda County District Attorney Nancy O'Malley for waiting two days to publicly condemn the actions of an unidentified armed man who approached and \u003ca href=\"https://www.kqed.org/news/11855869/man-with-gun-approaches-mlk-caravan-in-alameda-tells-them-to-leave\">threatened demonstrators at a peaceful racial justice rally\u003c/a> on \u003ca href=\"https://www.kqed.org/news/11855869/man-with-gun-approaches-mlk-caravan-in-alameda-tells-them-to-leave\">Martin Luther King Jr. Day\u003c/a>.\u003c/p>\n\u003cp>\"The moral response of Nancy should have been immediately to have called her own press conference and said how disgusted and dismayed she was by this kind of behavior,\" Oakland activist Cat Brooks, who organized Monday's rally, said at a press conference on Thursday.\u003c/p>\n\u003cp>She also criticized Oakland city leaders for not immediately denouncing the armed man.\u003c/p>\n\u003cp>The Anti Police-Terror Project, which Brooks heads, centered its Monday car caravan protest outside of O'Malley's home in Alameda to decry her recent decision to not charge Anthony Pirone, the former BART police officer who was investigated for his role in the 2009 shooting death of 22-year-old Oscar Grant III.\u003c/p>\n\u003cp>The caravan ended its protest earlier than intended when participants were warned that a man with a rifle had been seen standing nearby.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Allowing the threat to go unchallenged may embolden more people to intimidate peaceful protesters through the barrel of a gun, organizers said Thursday.\u003c/p>\n\u003cp>In her statement, first released Wednesday in a Facebook post, O'Malley said the man with the gun had \"threatened those participating in the protest,\" adding, \"I deplore his actions of bringing violence to this peaceful protest.\"\u003c/p>\n\u003cp>Her statement did not make any reference to her recent decision to not charge the BART officer.\u003c/p>\n\u003cp>Her full statement is below:\u003c/p>\n\u003cblockquote>\u003cp>\"Recently, a group of community members participated in a peaceful protest at my house. Some man claiming to live in the neighborhood, aggressively showed up with a firearm and threatened those participating in the protest.\u003c/p>\n\u003cp>I deplore his actions of bringing violence to this peaceful protest. I have spent my career combating gun violence. I have led research and published reports on firearms in Alameda County and California. I have run campaigns on safe storage to end guns getting into the wrong hands. I work to end gun violence.\u003c/p>\n\u003cp>I am assured that the Alameda Police Department is investigating this man’s actions and threats.\u003c/p>\n\u003cp>I am sorry he brought fear to those protesting and to my neighbors.\"\u003c/p>\u003c/blockquote>\n\u003cp>Alameda police are still investigating the incident, and on Tuesday \u003ca href=\"https://www.alamedaca.gov/Shortcut-Content/News-Media/Investigation-Update\">posted a response\u003c/a> to criticism that they did not immediately arrive at the scene after being contacted to arrest the man.\u003c/p>\n\u003cp>\"Uniformed officers were not initially dispatched to the scene to allow the peaceful protesters space to exercise their constitutional right,\" a department spokesperson wrote. \"We were subsequently advised that law enforcement officers from the District Attorney’s Office were in the area.\"\u003c/p>\n\u003cp>But Cephus \"Uncle Bobby X\" Johnson, Grant's uncle, said at Thursday's press conference he fears law enforcement's failure to act sooner may encourage other bad actors. He noted that California is not an open-carry state (though it has some \u003ca href=\"https://giffords.org/lawcenter/state-laws/open-carry-in-california/#:~:text=California%20generally%20prohibits%20people%20from,city%20within%20that%20county%2C%20may\">narrowly tailored exceptions\u003c/a>), which makes brandishing a gun a potentially illegal act.\u003c/p>\n\u003cp>https://twitter.com/e_baldi/status/1351336182806835201?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1351336182806835201%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.kqed.org%2Fnews%2F11855869%2Fman-with-gun-approaches-mlk-caravan-in-alameda-tells-them-to-leave\u003c/p>\n\u003cp>\"Our failure to hold individuals that act in this way accountable for violating the laws, gives them the impression that it was OK. And they will — and others that see this will — follow suit and do it again,\" Johnson said. \"That builds the possibility that someone, especially a person of color, could be harmed or not just harmed, but even murdered.\"\u003c/p>\n\u003cp>Monday's protest, Brooks added, \"could have turned out very, very differently. We are so grateful that everybody made it home safely and unharmed.\"\u003c/p>\n\u003cp>For maintaining the event's safety, Brooks credited a group known as the \u003ca href=\"http://www.crc4sd.org/\">Community Ready Corps\u003c/a>, who were embedded in the 100-plus vehicle caravan.\u003c/p>\n\u003cp>Taking a cue from the Black Panther movement, CRC promotes the concept of building self-determination in disenfranchised communities.\u003c/p>\n\u003cp>On its website, the group says it's organizing to protect Black spaces and communities from racist intimidation, harassment and violence, especially at free-speech rallies.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" data-conversation=\"none\">\u003cp>\nThis person with a rifle came out yelling, \"Get out of my fucking neighborhood,\" over and over until confronted by caravan security, then walked away. Nancy's neighbor. \u003ca href=\"https://t.co/o6eQ87dukZ\">pic.twitter.com/o6eQ87dukZ\u003c/a>\u003c/p>\n\u003cp>— Indybay (@Indybay) \u003ca href=\"https://twitter.com/Indybay/status/1351304784993665024?ref_src=twsrc%5Etfw\">January 18, 2021\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>And that's exactly what they did Monday, Brooks said.\u003c/p>\n\u003cp>While protesters were gathering at O'Malley's house on Monday, Brooks said, she got word from CRC that a man armed with a rifle was \"one block over, threatening to shoot the people involved in the caravan.\"\u003c/p>\n\u003cp>\"It was not police that kept us safe,\" she said. \"It was not police who got the men off the block. It was not police that handled that situation. It was [the] Community Ready Corps.\"\u003c/p>\n\u003cp>This kind of violent intimidation may continue to happen, she warned.\u003c/p>\n\u003cp>\"As we look at the rise of white supremacist violence as a political tool that's being utilized more and more by the right, we often feel like we're safe from that here in the Bay Area,\" Brooks said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But, \"even in the progressive Bay Area ... we are not immune from these threats or this violence.\"\u003c/p>\n\n","blocks":[],"excerpt":"Activists say Alameda County District Attorney Nancy O'Malley's statement on Wednesday denouncing the gunmen came two days too late.","status":"publish","parent":0,"modified":1611352566,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":896},"headData":{"title":"Activists Call Out Alameda County DA, Other Officials for Delay in Condemning Gunman Who Threatened MLK Rally | KQED","description":"Activists say Alameda County District Attorney Nancy O'Malley's statement on Wednesday denouncing the gunmen came two days too late.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11856441 https://ww2.kqed.org/news/?p=11856441","disqusUrl":"https://ww2.kqed.org/news/2021/01/22/activists-call-out-alameda-county-da-other-officials-for-delay-in-condemning-gunman-that-threatened-mlk-rally/","disqusTitle":"Activists Call Out Alameda County DA, Other Officials for Delay in Condemning Gunman Who Threatened MLK Rally","path":"/news/11856441/activists-call-out-alameda-county-da-other-officials-for-delay-in-condemning-gunman-that-threatened-mlk-rally","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Activists are criticizing Alameda County District Attorney Nancy O'Malley for waiting two days to publicly condemn the actions of an unidentified armed man who approached and \u003ca href=\"https://www.kqed.org/news/11855869/man-with-gun-approaches-mlk-caravan-in-alameda-tells-them-to-leave\">threatened demonstrators at a peaceful racial justice rally\u003c/a> on \u003ca href=\"https://www.kqed.org/news/11855869/man-with-gun-approaches-mlk-caravan-in-alameda-tells-them-to-leave\">Martin Luther King Jr. Day\u003c/a>.\u003c/p>\n\u003cp>\"The moral response of Nancy should have been immediately to have called her own press conference and said how disgusted and dismayed she was by this kind of behavior,\" Oakland activist Cat Brooks, who organized Monday's rally, said at a press conference on Thursday.\u003c/p>\n\u003cp>She also criticized Oakland city leaders for not immediately denouncing the armed man.\u003c/p>\n\u003cp>The Anti Police-Terror Project, which Brooks heads, centered its Monday car caravan protest outside of O'Malley's home in Alameda to decry her recent decision to not charge Anthony Pirone, the former BART police officer who was investigated for his role in the 2009 shooting death of 22-year-old Oscar Grant III.\u003c/p>\n\u003cp>The caravan ended its protest earlier than intended when participants were warned that a man with a rifle had been seen standing nearby.\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>Allowing the threat to go unchallenged may embolden more people to intimidate peaceful protesters through the barrel of a gun, organizers said Thursday.\u003c/p>\n\u003cp>In her statement, first released Wednesday in a Facebook post, O'Malley said the man with the gun had \"threatened those participating in the protest,\" adding, \"I deplore his actions of bringing violence to this peaceful protest.\"\u003c/p>\n\u003cp>Her statement did not make any reference to her recent decision to not charge the BART officer.\u003c/p>\n\u003cp>Her full statement is below:\u003c/p>\n\u003cblockquote>\u003cp>\"Recently, a group of community members participated in a peaceful protest at my house. Some man claiming to live in the neighborhood, aggressively showed up with a firearm and threatened those participating in the protest.\u003c/p>\n\u003cp>I deplore his actions of bringing violence to this peaceful protest. I have spent my career combating gun violence. I have led research and published reports on firearms in Alameda County and California. I have run campaigns on safe storage to end guns getting into the wrong hands. I work to end gun violence.\u003c/p>\n\u003cp>I am assured that the Alameda Police Department is investigating this man’s actions and threats.\u003c/p>\n\u003cp>I am sorry he brought fear to those protesting and to my neighbors.\"\u003c/p>\u003c/blockquote>\n\u003cp>Alameda police are still investigating the incident, and on Tuesday \u003ca href=\"https://www.alamedaca.gov/Shortcut-Content/News-Media/Investigation-Update\">posted a response\u003c/a> to criticism that they did not immediately arrive at the scene after being contacted to arrest the man.\u003c/p>\n\u003cp>\"Uniformed officers were not initially dispatched to the scene to allow the peaceful protesters space to exercise their constitutional right,\" a department spokesperson wrote. \"We were subsequently advised that law enforcement officers from the District Attorney’s Office were in the area.\"\u003c/p>\n\u003cp>But Cephus \"Uncle Bobby X\" Johnson, Grant's uncle, said at Thursday's press conference he fears law enforcement's failure to act sooner may encourage other bad actors. He noted that California is not an open-carry state (though it has some \u003ca href=\"https://giffords.org/lawcenter/state-laws/open-carry-in-california/#:~:text=California%20generally%20prohibits%20people%20from,city%20within%20that%20county%2C%20may\">narrowly tailored exceptions\u003c/a>), which makes brandishing a gun a potentially illegal act.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1351336182806835201"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\"Our failure to hold individuals that act in this way accountable for violating the laws, gives them the impression that it was OK. And they will — and others that see this will — follow suit and do it again,\" Johnson said. \"That builds the possibility that someone, especially a person of color, could be harmed or not just harmed, but even murdered.\"\u003c/p>\n\u003cp>Monday's protest, Brooks added, \"could have turned out very, very differently. We are so grateful that everybody made it home safely and unharmed.\"\u003c/p>\n\u003cp>For maintaining the event's safety, Brooks credited a group known as the \u003ca href=\"http://www.crc4sd.org/\">Community Ready Corps\u003c/a>, who were embedded in the 100-plus vehicle caravan.\u003c/p>\n\u003cp>Taking a cue from the Black Panther movement, CRC promotes the concept of building self-determination in disenfranchised communities.\u003c/p>\n\u003cp>On its website, the group says it's organizing to protect Black spaces and communities from racist intimidation, harassment and violence, especially at free-speech rallies.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" data-conversation=\"none\">\u003cp>\nThis person with a rifle came out yelling, \"Get out of my fucking neighborhood,\" over and over until confronted by caravan security, then walked away. Nancy's neighbor. \u003ca href=\"https://t.co/o6eQ87dukZ\">pic.twitter.com/o6eQ87dukZ\u003c/a>\u003c/p>\n\u003cp>— Indybay (@Indybay) \u003ca href=\"https://twitter.com/Indybay/status/1351304784993665024?ref_src=twsrc%5Etfw\">January 18, 2021\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>And that's exactly what they did Monday, Brooks said.\u003c/p>\n\u003cp>While protesters were gathering at O'Malley's house on Monday, Brooks said, she got word from CRC that a man armed with a rifle was \"one block over, threatening to shoot the people involved in the caravan.\"\u003c/p>\n\u003cp>\"It was not police that kept us safe,\" she said. \"It was not police who got the men off the block. It was not police that handled that situation. It was [the] Community Ready Corps.\"\u003c/p>\n\u003cp>This kind of violent intimidation may continue to happen, she warned.\u003c/p>\n\u003cp>\"As we look at the rise of white supremacist violence as a political tool that's being utilized more and more by the right, we often feel like we're safe from that here in the Bay Area,\" Brooks said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But, \"even in the progressive Bay Area ... we are not immune from these threats or this violence.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11856441/activists-call-out-alameda-county-da-other-officials-for-delay-in-condemning-gunman-that-threatened-mlk-rally","authors":["11690"],"categories":["news_6188","news_8"],"tags":["news_29066","news_29065","news_29049","news_147"],"featImg":"news_11855902","label":"news"},"news_11854958":{"type":"posts","id":"news_11854958","meta":{"index":"posts_1591205157","site":"news","id":"11854958","score":null,"sort":[1610500434000]},"guestAuthors":[],"slug":"bart-directors-oakland-councilmembers-protest-das-decision-to-not-charge-second-officer-in-oscar-grant-killing","title":"BART Directors, Oakland Councilmembers Protest DA's Decision to Not Charge Second Officer in Oscar Grant Killing","publishDate":1610500434,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Several Oakland city officials and members of the BART Board of Directors are calling on Alameda County District Attorney Nancy O'Malley to reconsider her \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\">decision to not press charges\u003c/a> against former BART Police Officer Anthony Pirone in the 2009 killing of Oscar Grant.\u003c/p>\n\u003cp>At a press conference Tuesday, Oakland City Councilmember Loren Taylor – along with BART Directors Lateefah Simon and Bevan Dufty — denounced O'Malley's decision. Taylor said Councilmembers Carroll Fife, Nikki Fortunato Bas and Treva Reid were co-sponsors of his resolution urging the DA to reverse course, which was heard and approved by the full council Tuesday evening.\u003c/p>\n\u003cp>\"Yesterday's decision by DA O'Malley to not press charges against Officer Pirone is more than a disappointment. It is a travesty,\" Taylor said. \"We are here to demand that justice be served.\"\u003c/p>\n\u003cp>Grant was laying face-down on the platform when he was shot in the back by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day in 2009. Mehserle was convicted in 2010 of involuntary manslaughter after claiming he had meant to reach for a Taser instead of his firearm — a claim disputed in a 94-page report released in May 2019 under the terms of Senate Bill 1421, California's police transparency law.\u003c/p>\n\u003cp>That report also found that Pirone's actions at the scene — which witnesses described as \"crazy\" and \"very agitated\" — escalated the situation and \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Pirone pinned Grant down to the ground with his knee and repeatedly used racial epithets — later arguing he was only repeating what Grant had said to him.\u003c/p>\n\u003cp>Former BART Board President Lateefah Simon said during the press conference that the May 2019 investigation shows that Pirone \"lied repeatedly\" about the incident and used \"unreasonable and unnecessary force.\"\u003c/p>\n\u003cp>\"I want to be clear that Nancy O’Malley has failed again to do her job — and that job was to ensure equal justice under the law,\" Simon said.\u003c/p>\n\u003cp>Grant's family was seeking a charge of felony murder against Pirone for his actions.\u003c/p>\n\u003cp>In the 16-page decision, O'Malley and other investigators found that Pirone could not be charged with murder because his actions did not \u003cem>directly\u003c/em> cause Grant's death. He could also not be charged with aiding and abetting murder, the report said, because he did not know beforehand that Mehserle was going to shoot Grant. All other possible charges, the decision stated, had exceeded the statute of limitations.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"oscar-grant\"]During the press conference, Grant family attorney Charles Bonner said much of the report relied on \"erroneous\" information. The fact that Pirone moved out of the way to allow Mehserle to shoot Grant with what he thought would be a Taser, he argued, \u003cem>could\u003c/em> indicate aiding and abetting, noting that people can die from being shocked by a Taser.\u003c/p>\n\u003cp>\"We are facing murder in the street and then murder at the hands of the elected officials, such as DA O'Malley, by ignoring pain and suffering in our crying and our dying of our people,\" Bonner said at Tuesday's press conference.\u003c/p>\n\u003cp>Rev. Wanda Johnson, Grant's mother, also argued that if O'Malley allowed the statute of limitations to pass for other charges, she should own up that failure.\u003c/p>\n\u003cp>\"That's not my family's fault. That is the district attorney's fault,\" Johnson said. \"Failure. Failure to pursue a criminal and press charges against him.\"\u003c/p>\n\u003cp>The group of officials is also calling on other government bodies in the Bay Area — including the local police commission, San Francisco Board of Supervisors and the Alameda County Board of Supervisors — to pass a resolution demanding O'Malley reconsider and file felony murder charges against Pirone.\u003c/p>\n\u003cp>\"We have waited so long as a community — as a national and international community — to get justice for Oscar Grant. And justice delayed is justice denied,\" Simon said.\u003c/p>\n\u003cp>Grant's family also plans to continue fighting the case, including by bringing it to the state attorney general and pursuing charges for federal civil rights violations. They also say they'll take the issue to the voters if O'Malley does not reconsider her decision.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"This war, this fight will keep marching on whether O'Malley does the right thing or not,\" Bonner said.\u003c/p>\n\n","blocks":[],"excerpt":"Oakland City Councilmember Loren Taylor – along with BART Directors Lateefah Simon and Bevan Dufty — denounced O'Malley's decision, pledging to continue the fight for justice.","status":"publish","parent":0,"modified":1613772476,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":744},"headData":{"title":"BART Directors, Oakland Councilmembers Protest DA's Decision to Not Charge Second Officer in Oscar Grant Killing | KQED","description":"Oakland City Councilmember Loren Taylor – along with BART Directors Lateefah Simon and Bevan Dufty — denounced O'Malley's decision, pledging to continue the fight for justice.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11854958 https://ww2.kqed.org/news/?p=11854958","disqusUrl":"https://ww2.kqed.org/news/2021/01/12/bart-directors-oakland-councilmembers-protest-das-decision-to-not-charge-second-officer-in-oscar-grant-killing/","disqusTitle":"BART Directors, Oakland Councilmembers Protest DA's Decision to Not Charge Second Officer in Oscar Grant Killing","path":"/news/11854958/bart-directors-oakland-councilmembers-protest-das-decision-to-not-charge-second-officer-in-oscar-grant-killing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Several Oakland city officials and members of the BART Board of Directors are calling on Alameda County District Attorney Nancy O'Malley to reconsider her \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\">decision to not press charges\u003c/a> against former BART Police Officer Anthony Pirone in the 2009 killing of Oscar Grant.\u003c/p>\n\u003cp>At a press conference Tuesday, Oakland City Councilmember Loren Taylor – along with BART Directors Lateefah Simon and Bevan Dufty — denounced O'Malley's decision. Taylor said Councilmembers Carroll Fife, Nikki Fortunato Bas and Treva Reid were co-sponsors of his resolution urging the DA to reverse course, which was heard and approved by the full council Tuesday evening.\u003c/p>\n\u003cp>\"Yesterday's decision by DA O'Malley to not press charges against Officer Pirone is more than a disappointment. It is a travesty,\" Taylor said. \"We are here to demand that justice be served.\"\u003c/p>\n\u003cp>Grant was laying face-down on the platform when he was shot in the back by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day in 2009. Mehserle was convicted in 2010 of involuntary manslaughter after claiming he had meant to reach for a Taser instead of his firearm — a claim disputed in a 94-page report released in May 2019 under the terms of Senate Bill 1421, California's police transparency law.\u003c/p>\n\u003cp>That report also found that Pirone's actions at the scene — which witnesses described as \"crazy\" and \"very agitated\" — escalated the situation and \"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":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Pirone pinned Grant down to the ground with his knee and repeatedly used racial epithets — later arguing he was only repeating what Grant had said to him.\u003c/p>\n\u003cp>Former BART Board President Lateefah Simon said during the press conference that the May 2019 investigation shows that Pirone \"lied repeatedly\" about the incident and used \"unreasonable and unnecessary force.\"\u003c/p>\n\u003cp>\"I want to be clear that Nancy O’Malley has failed again to do her job — and that job was to ensure equal justice under the law,\" Simon said.\u003c/p>\n\u003cp>Grant's family was seeking a charge of felony murder against Pirone for his actions.\u003c/p>\n\u003cp>In the 16-page decision, O'Malley and other investigators found that Pirone could not be charged with murder because his actions did not \u003cem>directly\u003c/em> cause Grant's death. He could also not be charged with aiding and abetting murder, the report said, because he did not know beforehand that Mehserle was going to shoot Grant. All other possible charges, the decision stated, had exceeded the statute of limitations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"oscar-grant"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>During the press conference, Grant family attorney Charles Bonner said much of the report relied on \"erroneous\" information. The fact that Pirone moved out of the way to allow Mehserle to shoot Grant with what he thought would be a Taser, he argued, \u003cem>could\u003c/em> indicate aiding and abetting, noting that people can die from being shocked by a Taser.\u003c/p>\n\u003cp>\"We are facing murder in the street and then murder at the hands of the elected officials, such as DA O'Malley, by ignoring pain and suffering in our crying and our dying of our people,\" Bonner said at Tuesday's press conference.\u003c/p>\n\u003cp>Rev. Wanda Johnson, Grant's mother, also argued that if O'Malley allowed the statute of limitations to pass for other charges, she should own up that failure.\u003c/p>\n\u003cp>\"That's not my family's fault. That is the district attorney's fault,\" Johnson said. \"Failure. Failure to pursue a criminal and press charges against him.\"\u003c/p>\n\u003cp>The group of officials is also calling on other government bodies in the Bay Area — including the local police commission, San Francisco Board of Supervisors and the Alameda County Board of Supervisors — to pass a resolution demanding O'Malley reconsider and file felony murder charges against Pirone.\u003c/p>\n\u003cp>\"We have waited so long as a community — as a national and international community — to get justice for Oscar Grant. And justice delayed is justice denied,\" Simon said.\u003c/p>\n\u003cp>Grant's family also plans to continue fighting the case, including by bringing it to the state attorney general and pursuing charges for federal civil rights violations. They also say they'll take the issue to the voters if O'Malley does not reconsider her decision.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"This war, this fight will keep marching on whether O'Malley does the right thing or not,\" Bonner said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11854958/bart-directors-oakland-councilmembers-protest-das-decision-to-not-charge-second-officer-in-oscar-grant-killing","authors":["11526","11523"],"categories":["news_6188","news_8","news_13"],"tags":["news_27626","news_28057","news_29024","news_29021","news_147"],"featImg":"news_11855042","label":"news"},"news_11854829":{"type":"posts","id":"news_11854829","meta":{"index":"posts_1591205157","site":"news","id":"11854829","score":null,"sort":[1610419689000]},"guestAuthors":[],"slug":"crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges","title":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges","publishDate":1610419689,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Alameda County District Attorney Nancy O'Malley announced Monday that her office will not file any charges against former BART Police Officer Anthony Pirone for his role in events leading up to the killing of Oscar Grant in 2009.\u003c/p>\n\u003cp>The DA's decision came three months after O'Malley's office \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\">announced the reopening of its investigation\u003c/a> into the case.\u003c/p>\n\u003cp>\"My heart hurts on today, because 12 years I've been crying out for justice for my son,\" said Rev. Wanda Johnson, Grant's mother, in a press conference Monday. \"Let the district attorney do what is right and charge him for the acts that he committed that led up to my son's death.\"\u003c/p>\n\u003cp>The 22-year-old Grant was shot in the back as he lay face-down by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day, 2009. Mehserle was convicted of involuntary manslaughter in 2010, after claiming he had meant to reach for a Taser instead of his firearm — a claim investigators disputed in a 94-page report \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\">released in May 2019\u003c/a> under terms of Senate Bill 1421, California's police transparency law.\u003c/p>\n\u003cp>That report, completed by independent investigators hired by BART in July 2009, also laid much of the responsibility for the shooting on Pirone, saying that his aggression and use of a racist slur \"started a cascade of events that ultimately led to the shooting.\"\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rev. Wanda Johnson, Oscar Grant's mother\"]'I'm asking for him to be charged for his actions leading up to my son's death.'[/pullquote]\"I want to say to you that when you sleep on tonight and you think about why we're standing here — why I'm standing here — it's because my son laid on the cold concrete with that officer Pirone's knee in his neck,\" Johnson said. \"And he continued to say he couldn't breathe. My son's head was smashed against the wall and he was kicked and he was punched. And the officer, Pirone, still walks around free today.\"\u003c/p>\n\u003cp>According to witnesses, Pirone was \"very agitated\" and \"crazy\" at the scene, shouting profanity-laced orders as he rushed onto the platform to respond to reports of a fight on a train. He used a racial epithet multiple times while pinning Grant on the ground, but later said he was only repeating what Grant said to him.\u003c/p>\n\u003cp>In the wake of the report, Grant's family is calling for a felony murder charge against Pirone\u003c/p>\n\u003cfigure id=\"attachment_11639715\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11639715\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2018/01/RS3302_granttrial051111-e1514764868889.jpg\" alt=\"\" width=\"1920\" height=\"1348\" />\u003cfigcaption class=\"wp-caption-text\">Rev. Wanda Johnson is comforted by supporters outside the Los Angeles Superior Court in July 2010 after the involuntary manslaughter verdict against former BART Police Officer Johannes Mehserle, who was charged in the death of her son, Oscar Grant. \u003ccite>(MARK RALSTON/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"It can't be hard to see that he was treated not human-ly. It couldn't be hard to hear that a racial epithet was used against him. And if you or I used those against someone, and a crime was committed, we would definitely be charged with the hate crime,\" Johnson said. \"So I'm not asking anything different than what our United States Constitution says or what our laws say. I'm asking for him to be charged for his actions leading up to my son's death.\"\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.youtube.com/watch?v=QvHxPQg_rsU\">video\u003c/a> released Monday, O'Malley said she reopened the case in October after Grant's family contacted her, asking her to reexamine Pirone's involvement.\u003c/p>\n\u003cp>While condemning Pirone's actions, O'Malley said that \"while Pirone's overly aggressive conduct contributed to the chaotic nature of what transpired on the BART platform,\" he cannot be charged with aiding and abetting in the killing.\u003c/p>\n\u003cp>[aside postID='news_11717416' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/JusticeforOscarGrant-1020x726.jpg' target='_blank']In the \u003ca href=\"https://www.alcoda.org/newsroom/files/Report-on-Officer-Pirone.pdf\">16-page report\u003c/a> on the decision Monday, investigators state that Pirone cannot be charged with murder because “There is no evidence that Pirone personally caused Mr. Grant’s death.”\u003c/p>\n\u003cp>O’Malley also said Pirone could not be charged with aiding and abetting a murder, because he did not know beforehand that Mehserle was going to shoot Grant. And murder is the only charge where the statute of limitations have not run out.\u003c/p>\n\u003cp>“Pirone did not kill Oscar Grant. He could not legally aid and abet in the crime of involuntary manslaughter of Oscar Grant. Even if the law recognized that theory, which it does not, Pirone could only be found guilty of involuntary manslaughter. The Statute of Limitations has long ago expired and charges could not now be filed,” the report said.\u003c/p>\n\u003cp>The decision also cites a recent \u003ca href=\"https://law.justia.com/cases/california/court-of-appeal/2019/e069088a.html\">California Supreme Court decision\u003c/a>, saying in the report that “a non-killer participant in a crime cannot be held vicariously liable for any death that results from that crime” unless the participant knew beforehand that death would likely occur and “with a knowing and willful disregard of the likelihood that death would occur.\"\u003c/p>\n\u003cp>Grant’s family and their attorneys plan to keep meeting with O’Malley and pressing for criminal charges.\u003c/p>\n\u003cp>\"We want you to know that the fight still goes on. We've been standing at these banks, as you know, for the last 12 years and we're not going anywhere,\" said Cephus \"Uncle Bobby X\" Johnson, Grant's uncle.\u003c/p>\n\u003cp>\"Tony Pirone committed murder on that platform and he should be charged with felony murder,\" he said. \"He violated Oscar Grant's civil rights. And we know he should be held accountable for those wrongful acts.\"\u003c/p>\n\u003cp>\u003cem>KQED reporter Alex Emslie contributed to this report. Bay City News contributed to this report. \u003c/em>\u003c/p>\n","blocks":[],"excerpt":"Alameda County DA Nancy O'Malley said while a former BART police officer's 'overly aggressive conduct contributed to the chaotic nature of what transpired,' he cannot be charged with aiding and abetting in the 2009 killing of Oscar Grant.","status":"publish","parent":0,"modified":1619110466,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":955},"headData":{"title":"'Crying Out for Justice': Oscar Grant's Family Vows to Keep Fighting After DA Declines to File New Charges | KQED","description":"Alameda County DA Nancy O'Malley said while a former BART police officer's 'overly aggressive conduct contributed to the chaotic nature of what transpired,' he cannot be charged with aiding and abetting in the 2009 killing of Oscar Grant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"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"}},"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. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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