The officer involved shooting in the BART station on New Year’s Day has been in the news lately and caused protests.
Facts
Here are some facts pulled from the Wikipedia article. This article appears objective and is an excellent source for further information.
- The shooting happened on Jan 1, 2009 at 2:15 a.m. at the Fruitvale Station of BART (Bay Area Rapid Transit) in Oakland, California.
- The shooter was Officer Johannes Mehserle, 27 years old.
- The suspect was Oscar Grant III, 22 years old.
- Mehserle shot once, the bullet entered Grant’s back, exited through his front side and ricocheted off the concrete floor, finally puncturing Grant’s lung.
- Grant died seven hours later at a hospital.
- Mehserle has never had a sustained Internal Affairs complaint.
- Mehserle submitted to drug and alcohol testing per BART procedure. He retained a criminal defense attorney and refused to speak under his fifth amendment rights and the Public Safety Officers Procedural Bill of Rights Act.
- Mehserle was commanded to attend an investigative interview on Jan 7 but he resigned instead.
- The shooting is being investigated by the BART Police, Oakland Police, federal investigators, and the Alameda County District Attorney’s Office.
Several use of force experts were interviewed by the San Francisco Chronicle including Frank Borelli, editor of Officer.com, Bruce Siddle from PPCT, and Gregory Lee, retired from the DEA. One theory they present is that Mehserle may have intended to draw a TASER but mistakenly drew and fired his firearm by mistake. BART officers had been authorized to carry the X-26 since December 2008 but not every officer had been issued one.
Updates since original post:
- Jan 12: BART police completed their investigation and forwarded it to the Alameda County District Attorney Tom Orloff.
- Jan 14: A judge issued a murder warrant for Mehserle.
- Jan 14: Mehserle was contacted through his attorney and surrender to authorities in Nevada. He waived extradition.
- Jan 22: Mehserle hired Michael Rains, a prominent defense attorney, to represent him.
- Jan 24: BART begins investigating Officer Tony Pirone for hitting Grant prior to the shooting
- Jan 27: Civil rights lawyer, John Burris, is retained by Grant’s family
- Jan 29: BART announces it will turn over Internal Affairs investigation to an undetermined 3rd party.
- Jan 30: Judge Jacobson sets bail for Mehserle at three million dollars. See detailed post.
- Feb 6: Mehserle released on three million dollar bail bond.
- Feb 11: BART hires Meyers Nave law firm to conduct Internal Affairs investigation at estimated cost of $150,000.
- Mar 23: Judge delays preliminary hearing because of Oakland PD Tragedy.
Videos
Updated since original post:
News footage focusing on the TASER’s Role at the shooting
News Footage Video of second BART officer under investigation
Links
- Statement by BART Police Chief Gary Gee
- BART information about the shooting investigation
- San Francisco Chronicle First Article
- San Francisco Chronicle Use of Force Experts Article
- New York Times article
- The Times article
Updated since original post:
- Police One article about TASER confusion
- San Francisco Chronicle article on Mehserle arrest for murder
- AP article about Grant’s family retaining prominent civil rights lawyer
- LA Times article about BART using a third party to complete the internal investigation
- AP article about bail hearing
- San Francisco Chronicle article about bail hearing
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