BART officer: Grant could have prevented his death
By TERRY COLLINS
Associated Press Writer
November 20th, 2009
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OAKLAND — A Bay Area transit police officer who saw a fellow officer fatally shoot a 22-year-old train passenger said he could have prevented his own death had he followed orders.
Officer Marysol Domenici testified Wednesday that Oscar Grant, who was shot in the back as he lay face down on a platform early New Year’s Day, was uncooperative as officers tried to detain him and his friends following a fight on a train from San Francisco.
“If they would’ve followed orders, this wouldn’t have happened,” Domenici said during testimony in Alameda County Superior Court. “They probably would’ve just been cited and released.”
Domenici was questioned during the fifth day of a hearing to determine whether former transit officer Johannes Mehserle will stand trial for murder in the killing killing Grant.
Mehserle has pleaded not guilty, and his lawyer, Michael Rains, says he meant to pull his stun gun when he accidentally grabbed his pistol.
Domenici’s response about Grant drew gasps and sighs from Grant’s family and friends in the courtroom.
“Are you trying to suggest it was his fault?” Deputy District Attorney David Stein asked Domenici during a contentious cross-examination.
“If he had just sat down, he’d been fine,” Domenici said to more sighs heard in the courtroom.
Grant’s mother, Wanda Johnson, said after the hearing that Domenici’s comments show “she has no regards for human life, for my son’s life.”
Domenici and other officers have described the scene on the Fruitvale train station in Oakland as out of control. During her testimony Tuesday, Domenici said at one point she felt for her life and safety.
On Wednesday, she told the courtroom that she feared she might have to kill somebody after she heard “pop” noise and later realized that Mehserle shot Grant.
She said it then became more chaotic.
“I said to myself, ‘Oh, Jesus Christ, Jesus Christ, if I have to, I’m going to have to kill somebody,’” Domenici said. “That’s when I started thinking, ‘If I have to go to lethal force, I will go to lethal force.’ ... They were coming everywhere. It was so chaotic.”
Stein has disputed BART officers’ testimony that the scene was that crazy. On Wednesday, he showed BART video surveillance of a more subdued scene in an attempt to discredit her account as exaggerated.
Domenici’s partner, Tony Pirone, also took the stand Wednesday. He’s been described by witnesses as being the most aggressive officer at the station New Year’s Day. Pirone told the courtroom how he ordered some of Grant’s friends to sit against a wall and then pulled Grant and another friend off the train.
Pirone said he pulled out his Taser gun as he approached the men, who he said matched a description he was given of the people fighting on the train.
Pirone said he grabbed Grant off the train by his elbow and while Grant was not physically resisting, he cursed at him. Pirone said Grant asked him why he was messing with him and Pirone said he told Grant “it would be a lot easier if you stopped playing games.”
The hearing will resume next Wednesday.
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tiredofcomplainingnapkins wrote on May 28, 2009 11:52 AM:
old_napan52 wrote on May 28, 2009 12:22 PM:
yoyo wrote on May 28, 2009 12:59 PM:
old_napan52 wrote on May 28, 2009 1:10 PM:
sprklsunshine wrote on May 28, 2009 1:14 PM:
thisisnotatest wrote on May 28, 2009 2:00 PM:
A police office killed an unarmed man lying on the ground, and here I see people taking the side of the police?
This country was built on checks and balances. But, police abuse their power time and time again and get away with it.
"Who watches the watchmen?" "
old_napan52 wrote on May 28, 2009 2:07 PM:
The twelve citizens seated in the jury box. "
crusherfan wrote on May 28, 2009 2:23 PM:
Hmmm....sounds like it could have been avoided to me.It is very sad the this ended in a death, in no way was it murder.The poor cop will be convicted because of the repricussions of an innocent verdict. "
yessam99 wrote on May 28, 2009 2:24 PM:
mofosheee wrote on May 28, 2009 4:52 PM:
Grant was laying on the ground under the control and restrained by the officer.
Tell it like it is; "Thug with a gun and badge shots and kills restrained and unarmed individual in the back. This is not and issue of racism, but a
Failure to perfom in a competent manner.
Beware of Cops! "
sophiesmom wrote on May 28, 2009 5:38 PM:
Baraki wrote on May 28, 2009 6:19 PM:
thoughtank wrote on May 28, 2009 9:33 PM:
Regardless, try to put yourself in the place of Oscar Grant's family. How could any of us live with the fact that our young family member was shot in the back by a police officer while he was lying on his stomach and seemingly surrendering? I couldn't accept that.
I feel bad for Officer Mehrsele and his family. My guess is that he was stressed out and over-reacted by using his gun instead of his taser (or another less lethal means of control.) But he did shoot an unarmed man in the back and he must face the consequences of his actions.
This entire situation is a real tragedy and reminds me of the film, "Crash," that came out a few years ago. Rent it if you haven't seen it as it lends a lot of insight into how human mistakes and bad decisions reverberate throughout a community. "
reason-ator wrote on May 28, 2009 11:49 PM:
But has anybody stopped to appreciate the fact that this doesn't happen more often ?
When I make a mistake at work, nobody dies. I'm sure most people would agree that they make mistakes at work, too. With much less consequence.
While I wish that cops were perfect, I'm glad that they are less imperfect. "