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BART officer: Grant was uncooperative before death
Wednesday, May 27, 2009
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OAKLAND, Calif. - A BART officer said Tuesday that an unarmed black man who was fatally shot by another officer at an Oakland train station failed to obey her commands before his death.

Bay Area Rapid Transit Officer Marysol Domenici testified during the fourth day of a hearing to determine whether former BART officer Johannes Mehserle will stand trial for murder for killing Oscar Grant.
The 22-year-old Hayward man was shot in the back as he lay face down on the train station platform early New Year's Day as officers tried to quell a group of unruly passengers.

Domenici said Grant and his friends yelled profanities and did not obey her orders to sit down moments before Mehserle fired at Grant. She said she was fearful when heard taunts coming from Grant, his friends and passengers on the train.
"People were saying 'I'm going to get your name and badge number... (Expletive) BART Police, you don't know anything, you're just security guards,'" Domenici said during testimony in Alameda County Superior Court.

"We're outnumbered and nobody's complying with our orders," she said. "They were just all over the place. At that point, yeah, you feel for your life and safety."
Domenici said at one point Grant also grabbed her left arm as she tried pushing another one of his friends to the ground. Her partner, Tony Pirone, then came over and hit Grant, pushing him to the ground, she said.

Mehserle's lawyer Michael Rains said his client, who has pleaded not guilty, intended to use his stun gun but accidentally fired his pistol instead.

Rains said Tuesday that Pirone will testify that he heard Mehlserle say he was going to use a stun gun moments before shooting Grant. Pirone is scheduled to testify as early as Wednesday.

Rains also said he plans to show enhanced video that shows Grant tried to resist arrest.

Both Pirone and Domenici remain on paid leave. Their names are both mentioned in a $50 million wrongful death lawsuit filed by Grant's family in March against BART.

During other testimony Tuesday, BART officers Jon Woffinden and Emery Knudtson both described a tense scene between transit police and passengers shortly before the shooting.

Deputy District Attorney David Stein, however, tried to point out inconsistencies in their testimony using video footage of the shooting compared to their written police reports.

Grant's uncle, Cephus "Bobby" Johnson, said after Tuesday's hearing that the officers were participating in a "cover-up" for each other.

Domenici is scheduled to be back on the stand on Wednesday.
15 comment(s)

VERUM wrote on May 26, 2009 6:49 PM:

" All the regulars are preoccupied with the sex issue, I suppose. Meanwhile, the attorneys present what is shown on the video. "

supernapawoman wrote on May 26, 2009 7:07 PM:

" Well of course Oscar Grant was not cooperative !!! I can't believe that this incident is in the courts. I hope that Johannes Mehserle doesn't have to be drug through the courts with this case. I hope that the judge won't let it go to trial . "

ruiz94558 wrote on May 26, 2009 9:31 PM:

" Wow....of course! Since Oscar's not here to defend himself and tell the details .....figures they're going to say Grant and his friends 'wouldn't listen'....OMG! "

VERUM wrote on May 26, 2009 9:43 PM:

" Why is it that "of course" Grant was not cooperative. "Of course" this has nothing to do with race? We all knew the guy, right? "

napablogger wrote on May 26, 2009 11:46 PM:

" I hope that they bring out Grant's criminal history. He was fighting with a guy on the train that he met in prison. Any wonder that the cops are tense around people like this? "

supernapawoman wrote on May 27, 2009 12:47 AM:

" I agree with you Napablogger ! They need to bring out Oscar Grant's criminal history and that he was fighting with a guy he met in prison ! Of course, because he wasn't not being cooperative. His race didn't even factor into the equation ! Oscar Grant was causing problems and that is why Johannes Mehserle and the other officers were called to the BART station ! "

listenup wrote on May 27, 2009 12:49 AM:

" @napablogger
Your talking as if the cop knew Grant's previous criminal history. I hope Mehserle is charged severely for this. So he was reaching for his stun gun on a detained suspect and he "accidentally" grabs his firearm? Not only is there a significant weight difference between the weapons but they are in different locations. Even if he is not found guilty he should be removed from the force! We don't want some one running around the streets "accidentally" use their police equipment in a wrong fashion. "

krusty wrote on May 27, 2009 7:12 AM:

" Being uncooperative shouldn't get you shot by a police officer! "

toxicavenger wrote on May 27, 2009 9:35 AM:

" He IS not with the force ,listenup. In a situation like the bart cops were put in mistakes can be made. Did he make a mistake? Yes. This significant weight difference you are discussing is not that much. My guess is you have never even held a gun or a taser, yet you feel the need to immidiatly shun Mehserle. My guess is that many of us in the situation that Mehserle was in would have a tuff time even decifering our cell phone from our wallet. Yet we have all decided to throw stones. "

Hear Ye wrote on May 27, 2009 9:53 AM:

" It would take some serious gross negligence and incompetence to mistake your firearm for the style of tazer he was carrying. Far different weight, design, color, trigger, etc. This is at least manslaughter if not worse. "

Napa_Citizen wrote on May 27, 2009 10:43 AM:

" The video shows the shock on the officers face when he realized what he did. Its a very sad thing that someone was resisting arrest and got shot on accident. How about respecting authority and doing what you are told? Officers have to deal with the wickedest, evil people in the world almost on a daily basis. They risk their lives to keep us "safe". I hope justice is done, and that the cop who accidentally did this doesnt have to be tortured by others in and outside the court house. Im sure he is already suffering knowing that he took someones life without meaning to. "

sophiesmom wrote on May 27, 2009 12:47 PM:

" there is no justification for shooting an unarmed man in the back as he lay on his stomach on the ground...If Mr. Mehserle cannot stand being called names...he should not put himself in a position where he can ruin his whole life and end a young man's life by murdering him because he is afraid. there is no way to justify what he did...he murdered someone because he was terrified....and he was in the terrifying situation by his own choice...How can that be anything but wrong? Oscar grant did not have a weapon...he was on his stomach on the ground...How can there be any arguement about whether or not it was justified...ask yourself if you would feel that way if you were Oscar Grant's parent.. "

napaoldguy wrote on May 27, 2009 1:18 PM:

" I think all you cop haters need to do a ride a long and see what the police have to deal with on a daily basis. Yes they should be affraid for there lives
from losers. They get threatened on a daily basis and still are out there for your protection. They will be the first ones to call if you need help but the fisrt to rag on if they make a mistake. When your in a very stressful situation like they were none of you have any idea what you would have done. Listen to the video at all the yelling, sceaming, and chaos. They were out numbered and there was no cooperation. "

old_napan52 wrote on May 27, 2009 2:53 PM:

" napaoldguy - cop haters? I see nothing in these posts that identifies anyone as cop haters. Most of us believe that most police officers provide a valued service to our communities and do a great job in doing so. However, no one is above the law of the land and the courts will decide if this particular officer has failed in this regard. I think you should take another look at the video as well...The officers had set up a perimeter around the perps they wished to detain most of whom had already been placed neatly along the wall while one officer had a knee on the back of Oscar’s neck pinning him face down to the concrete. I see nowhere in several video angles where it appears the officers were in fear of their lives. I think sophiesmom has stated it perfectly. This man chose to become a police officer and was trained in exactly these types of scenarios. He should have been more prepared than any of us to follow procedures correctly. He did not and will ultimately pay a price in a court of law. "

caligrown707 wrote on May 27, 2009 8:28 PM:

" oldnapan52.....perfectly said. I don't think I could have done any better. "

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