Man shot in the back by cops, while on the ground

[The C]

Re: Man shot in the back by cops, while on the ground

Shoot everyone.

Everyone needs to be shot.

[ex carrabba fan]

Re: Man shot in the back by cops, while on the ground

BART shooting victim's family files claim

Demian Bulwa,Henry K. Lee, Chronicle Staff Writers

Wednesday, January 7, 2009

(01-06) 18:50 PST OAKLAND -- An attorney for the family of the unarmed man who was fatally shot by a BART police officer early New Year's Day filed a $25 million claim against the transit agency Tuesday, pushing the case forward even though BART has yet to speak with the officer or say why he fired his gun.

BART officials declined to comment on the claim, which said 27-year-old Officer Johannes Mehserle "mercilessly fired his weapon" at Oscar Grant, a 22-year-old supermarket worker, as Grant lay chest-down on the platform of the Fruitvale Station in Oakland.

Grant had been detained and forced to the ground after 2 a.m. in the aftermath of a fight aboard a crowded train. Among many other angles, investigators are looking into whether Mehserle may have intended to fire a Taser stun gun rather than his firearm.

The four-page claim, filed on behalf of Grant's mother and 4-year-old daughter, signals the family's intent to sue BART. The family may file a suit if the transit agency denies the claim or fails to respond in 45 days.

John Burris, the family's attorney, said the case could take two years to resolve in court and that the family deserved justice as soon as possible.

BART spokesman Linton Johnson said Tuesday that investigators have been trying to interview two-year veteran Mehserle since the shooting but that his attorney has not made him available. He also has not spoken to Alameda County prosecutors, who must ultimately decide whether criminal charges are merited, sources said.

Legal experts said Mehserle had a right not to speak with criminal investigators, but could be compelled - under threat of firing - to talk to the BART police internal affairs division. Mehserle's first child was born Jan. 2, The Chronicle has learned, which may have contributed to the delay.

Efforts to reach Mehserle have been unsuccessful, and his attorney has declined to comment. A source familiar with the investigation said Mehserle had not been accused of using excessive force in the past.

Mehserle was a 2006 graduate of the Napa Valley College Criminal Justice Training Center, a 22-week police academy program that includes instruction on how to use force and when to use weapons such as guns, batons, Tasers and pepper spray, said program director Damien Sandoval.

Although low in profile, BART's Police Department is full service and has more than 200 officers who investigate the same types of crimes as their city counterparts. The training standards are the same as well, and the pay is similar.

As Burris was filing the legal claim against BART, Grant's family was preparing for his funeral, set for 11 a.m. today at Palma Ceia Baptist Church in Hayward. The service is open to the public.

Grant was a butcher at an Oakland market and had previously worked at Kentucky Fried Chicken outlets in Berkeley, San Leandro and Hayward. He attended San Lorenzo High School and Mount Eden High School in Hayward until the 10th grade and eventually earned his GED, authorities said.

Witnesses have said Grant pleaded with BART police not to shock him with a Taser before he was shot - and, according to court records, Grant had been shocked with a stun gun at least once before.

Grant was sentenced to 16 months in state prison in 2007 after he fled from a traffic stop while armed with a loaded pistol. After he threw the weapon into the air and ran into a gas station near his Hayward home, San Leandro police shot him with a Taser and subdued him.

Grant, who had also been convicted of drug dealing, was most recently released from prison Sept. 23, corrections officials said.

Burris said that Grant had being doing well in recent months and that his record was irrelevant to the BART shooting because Mehserle wasn't aware of it when he opened fire.

[ex carrabba fan]

Re: Man shot in the back by cops, while on the ground

Taser would've been acceptable IMHO, the guy on the ground was resisting.

However he pulled out his gun and should know the difference between his pistol and a taser. I'd be surprised if the guy honestly pulled out his gun knowingly and just shot a guy in the back with people ALL AROUND him.

I believe he made a vital mistake of judgment and will be punished the rest of his life for it as he rightfully should.

IMO he wasn't resisting. He was apprehended and cuffed. Two officers were already on top of him. The officer who shot him was the THIRD guy on only one individual.

However I agree with your last two statements. I mean he has no reason to shoot him with a gun.

The officer is going through Hell anyway at this point. Especially in the Youtube world we now live in. He just had a newborn on Friday. So yeah this guy is already in Hell.. he might deserve it I guess, but I'm not sure.

[yamabushi]

Re: Man shot in the back by cops, while on the ground

Wow, don't know what else to tell you. It's pretty clear in this video, especially at 2:10. Look I hate when people get these knee-jerk reactions over "police brutality", but if you're going to defend the actions of that murderous BART cop I don't think you are healthy.

There were how many cops on him already? He was already restrained. No way the victim was getting out of their grasp.

Who cares that he had a criminal record? That comment right there makes me sick.

<EMBED src=http://www.youtube.com/v/IKy-WSZMklc&hl=en&fs=1 width=480 height=295 type=application/x-shockwave-flash allowfullscreen="true" allowscriptaccess="always"></EMBED>

The video I watched was just the cell phone from on the platform. (not this one from the train) Which, like I said, doesnt show anything.

and being an ex-con doesnt give any insight on how a person would behave in a certain situation. nope, none at all.

and heres a tazer:

[ex carrabba fan]

Re: Man shot in the back by cops, while on the ground

The video I watched was just the cell phone from on the platform. (not this one from the train) Which, like I said, doesnt show anything.

and being an ex-con doesnt give any insight on how a person would behave in a certain situation. nope, none at all.

and heres a tazer:

Now are you just trying to get a rise out of all of us? So the cop KNEW of his record going into it?

A tazer and a pistol are right by one another on an officer's belt right.

[Cebby]

Re: Man shot in the back by cops, while on the ground

Wait, I thought cops were there to protect us, and only scumbag lawyers made up instances of them abusing and brutalizing innocent people.

Clearly the evil lawyers photoshopped the video and took out the part where he viciously attacks the police.

****ing lawyers

[callmetaternuts]

Re: Man shot in the back by cops, while on the ground

Be very interesting to see how similar in weight and similar in shape the tazer and gun are. I feel bad for the family of the guy who was shot and can only hope it was an error (albeit, a critical one) in judgement

[PVarck31]

Re: Man shot in the back by cops, while on the ground

IMO he wasn't resisting. He was apprehended and cuffed. Two officers were already on top of him. The officer who shot him was the THIRD guy on only one individual.

However I agree with your last two statements. I mean he has no reason to shoot him with a gun.

The officer is going through Hell anyway at this point. Especially in the Youtube world we now live in. He just had a newborn on Friday. So yeah this guy is already in Hell.. he might deserve it I guess, but I'm not sure.

Just to clarify, the suspect was not cuffed until after he was shot.

[Cebby]

Re: Man shot in the back by cops, while on the ground

The officer is going through Hell anyway at this point.

Shouldn't we be happy that he's "going through Hell"?

I haven't been at OS as long as some, but a thread titled "Thug mercilessly executes man on ground caught on tape!" would probably not have many "let's wait and see all the fact" posts. Most people would be wishing said thug/coward would get killed/raped/magically appear in Hell.

[ex carrabba fan]

Re: Man shot in the back by cops, while on the ground

Just to clarify, the suspect was not cuffed until after he was shot.

My bad, I missed this:

"First, an officer grabbed Oscar by the neck and pushed him against the wall," Pangelina said. "Oscar didn't fight him, but he didn't go down either. He was like, 'What did I do?' Then another officer came up with his Taser and held it right in his face. Oscar said, 'Please don't shoot me, please don't Taser me, I have a daughter,' over and over again, real fast, and he sat down."

Grant was the only man in a small group sitting against the wall who was not handcuffed, Burris said, so officers grabbed him away from the wall and pressed him belly-down onto the ground.

"One officer was kneeling over his neck and head, and another standing over him," Burris said. "He was not kicking, and one officer was pulling on his arm. The standing officer pulled out his weapon and, within moments, fired the gun into Mr. Grant's back."

Of that evidence, I stand by everything I've said up to this point.

[MassNole]

Re: Man shot in the back by cops, while on the ground

Shouldn't we be happy that he's "going through Hell"?

I haven't been at OS as long as some, but a thread titled "Thug mercilessly executes man on ground caught on tape!" would probably not have many "let's wait and see all the fact" posts. Most people would be wishing said thug/coward would get killed/raped/magically appear in Hell.

Truer words have never been spoken.

If this cop is really so stupid that he mistakenly pulled and fired his gun believing it was a tazer, he should be charged with manslaughter. If he pulled his gun and knowingly shot him, it should be Second Degree Murder (or whatever California calls it). That being said, I have no faith a California jury would convict under either charge.

[ex carrabba fan]

Re: Man shot in the back by cops, while on the ground

Shouldn't we be happy that he's "going through Hell"?

I haven't been at OS as long as some, but a thread titled "Thug mercilessly executes man on ground caught on tape!" would probably not have many "let's wait and see all the fact" posts. Most people would be wishing said thug/coward would get killed/raped/magically appear in Hell.

Well you didn't include the rest of what I had to say. On one had I think he deserves experiencing Hell, on the other I think he made a mistake-obviously one of the biggest a person can make. He honestly had no reason to murder anyone in that situation.

So it is what it is.. sorry for using that cliche, but it seems appropriate.

[Heelfan71]

Re: Man shot in the back by cops, while on the ground

I think it was an accident. Seems like the guy lost his head in the heat of the moment and panicked......too bad it cost a life. With that being said, I don't even think using a tazer was justified in this case. Guy is on the ground already.

[PVarck31]

Re: Man shot in the back by cops, while on the ground

Its a sad and unfortunate situation. I would like to hear the officers side of the story before I condemn him though. I get what you are saying cebby, and you are right. However in this kind of case its a person who is supposed to serve and protect. Not a thug. That is why a lot of people want to hear the cops side before the jury of public opinion sentences him to hell.

[yamabushi]

Re: Man shot in the back by cops, while on the ground

Now are you just trying to get a rise out of all of us? So the cop KNEW of his record going into it?

A tazer and a pistol are right by one another on an officer's belt right.

The cop didnt know much of anything apparently.

but, unrelated to this incident, an ex-con is probably way more likely to resist, then, say, your local boy scout.