Oakland Police Officer Fatally Shoots BART Passenger

By Sarah Harper

Published on January 13, 2009

Around 2 a.m. on New Year's Day, BART police pulled three young men from the subway in response to a reported on-board altercation. According to CNN reports and videos of the incident, an officer (reportedly Johannes Mehserle) then fatally shot one of the men, 22-year-old Oscar Grant. Authorities are investigating the shooting as an act of unnecessary force.

Grant and two friends, who had been celebrating the New Year in San Francisco, were returning home via BART. When the officers pulled them from the train, according to videos, the men were made to stand against the wall while officers handcuffed Grant's friends and left Grant seated on the floor. Grant appeared to plead to the police - reportedly asking them not to Tase him since he had a 4-year-old daughter - before police pinned Grant face-down to the ground. After a brief struggle, Mehserle shot Grant in the back. Grant died seven hours later in the hospital.

The prosecution has filed a $25 million claim with BART, alleging wrongful death and violation of civil rights by use of excessive force. The defense is expected to investigate whether Mehserle acted negligently - accidentally using his gun instead of his taser.

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