BART officer: Grant was uncooperative before death
By TERRY COLLINS
Associated Press
October 26th, 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.
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VERUM wrote on May 26, 2009 6:49 PM:
supernapawoman wrote on May 26, 2009 7:07 PM:
ruiz94558 wrote on May 26, 2009 9:31 PM:
VERUM wrote on May 26, 2009 9:43 PM:
napablogger wrote on May 26, 2009 11:46 PM:
supernapawoman wrote on May 27, 2009 12:47 AM:
listenup wrote on May 27, 2009 12:49 AM:
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:
toxicavenger wrote on May 27, 2009 9:35 AM:
Hear Ye wrote on May 27, 2009 9:53 AM:
Napa_Citizen wrote on May 27, 2009 10:43 AM:
sophiesmom wrote on May 27, 2009 12:47 PM:
napaoldguy wrote on May 27, 2009 1:18 PM:
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:
caligrown707 wrote on May 27, 2009 8:28 PM: