Times-Herald (Vallejo)

DA to reopen the Oscar Grant case

- By Angela Ruggiero

Eleven years after Oscar Grant was shot to death by a BART officer, the district attorney is reopening the case.

OAKLAND >> Eleven years after Oscar Grant was shot to death by a BART officer, the Alameda County district attorney is reopening the case.

Grant’s family held a press conference Monday calling on District Attorney Nancy O’Malley to reopen the case, pointing out the similariti­es to George Floyd’s death.

On New Years Day 2009, Grant, a 22-year- old Hayward man, was fatally shot in the back by then-BART Officer Johannes Mehserle, as Grant lay bellydown on the Fruitvale Station platform. Mehserle was charged with murder, but found guilty by a Los Angeles County jury of a lesser crime, involuntar­y manslaught­er, and served 11 months before being released in June 2011.

Mehserle and other officers were called after a fight on a train was reported, and Mehserle claimed he had mistakenly grabbed his gun instead of his Taser when he shot Grant.

Grant’s family is asking that charges to be filed on another officer, Anthony Pirone. Pirone was the first officer to respond to the call that night, along with Officer Marysol Domenici. Grant’s family claims it was Pirone who created “the climate of violence,” pinning Grant down with a knee to his neck — similar to Floyd’s death while in Minneapoli­s police custody earlier this year.

“We have listened closely to the requests of the family of Oscar Grant,” O’Malley said in a statement Monday afternoon.

“The murder of Oscar Grant greatly impacted the county and the state,” she said. “My office conducted the intensive investigat­ion that led to the prosecutio­n of BART Officer Johannes Mehserle for the crime of murder. The trial occurred in Los Angeles due to a change of venue ordered by the court on the motion of the defense. Unfortunat­ely, the Los Angeles jury only found Officer Mehserle guilty of involuntar­y manslaught­er.”

Both Grant’s and Floyd’s deaths sparked a nationwide movement and outcry for police accountabi­lity for the deaths of Black people at the hands of white officers, police reform and defunding of law enforcemen­t.

Grant’s mother, Wanda Johnson, and his uncle Cephus X Johnson, known as Uncle Bobby X, gathered Monday afternoon at the Oscar Grant III Way at the Fruitvale BART station to call for the case to be reopened. The family says that the district attorney promised charges would be filed soon after Grant’s death.

“Justice delayed is justice denied,” Wanda Johnson said.

“We should not have to wait another 11 years. … We were told then that it should happen, and it should happen now,” Wanda Johnson said.

According to a 2009 BART police internal investigat­ion report, which was released last year after a public records request, Pirone contribute­d significan­tly to Grant’s shooting. Although he never faced criminal charges at the time, he was fired for his role in the shooting and statements he made, which contradict­ed video surveillan­ce and other officers’ and witnesses’ accounts of that night. Although Pirone never got his job back, Domenici eventually returned to duty.

When Pirone and Domenici first responded to the Fruitvale station, Pirone entered the train car without his partner, disregarde­d his training, and rushed through the initial investigat­ion, the report found. Witnesses described Pirone as a “drill sergeant” and “crazy,” “agitated” and “harsh.”

“The actions of Officer Pirone started a cascade of events that ultimately led to the shooting of Grant,” the report said.

The report said Pirone used profanity when speaking to Grant and his friends, at one point calling Grant a racial expletive, which the report found was inexcusabl­e. Pirone is said to have punched Grant in the face, then kneed him in the head, applying pressure to Grant’s back to prevent his hands from becoming free. When Pirone released his weight off of Grant’s back, Grant put his hands behind his back as instructed so he could be handcuffed.

T hen, Mehserle shot him.

O’Malley said she has assigned a team of lawyers “to look back into the circumstan­ces that caused the death of Oscar Grant. We will evaluate the evidence and the law, including the applicable law at the time and make a determinat­ion.”

Represente­d by civ il rights attorney John Burris, Grant’s family sued BART, who agreed in a 2011 settlement to pay Grant’s daughter a total of $5.1 million.

Until this year, Mehserle had been the only officer to face charges in over a decade in Alameda County for the death of a civilian. San Leandro Officer Jason Fletcher was charged last month for voluntary manslaught­er for the death of Steven Taylor, who was fatally shot at Walmart store in April.

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