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BART officer: Grant could have prevented his death
Thursday, May 28, 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.
14 comment(s)

tiredofcomplainingnapkins wrote on May 28, 2009 11:52 AM:

" Its good to see someone finally telling it how it is. If these guys wouldve just shut up and listen to the officers, then none of this wouldve happend. The cops didnt just show up there and randomly pull people off the train and then decide to shoot Oscar. The cops were called there because Oscar and his other buddies were causing a disturbance and putting innocent bystanders lives in danger. Then the cops give these guys orders and Oscar and his buddies felt they had the right to do whatever they want. If these guys wouldve just done what they were told, then none of this would have occured. Instead they had to act "hard" and act like cops can't tell them what to do and it turned the entire ordeal a lot more chaotic and uruly leading to the shooting. The young people now adays just don't want to listen to authority, no respect "

old_napan52 wrote on May 28, 2009 12:22 PM:

" Actually “tiredof”, there was a lot of randomness to it…and a lot of finger pointing. The BART officers were still attempting to sort out what had happened and were relying on several eye witnesses who they had detained as well. Oscar may have verbally challenged one officer and that officer came done hard on him by throwing him to ground and placing a knee in his back. This has been testified to in court by at least two BART officers and validated by BART security cameras. However, I don’t believe it is written in any police manual that verbal abuse is cause for use of deadly force. Sounds to me like your interpretation is different? Mouth off to an officer of the law and he is allowed to shoot you? "

yoyo wrote on May 28, 2009 12:59 PM:

" old_napan....no, come on now, please don't assume or conclude that mouthing off to an officer constitutes death is what is implied by tired's comment. i understand tired, what you are saying and totally agree. "

old_napan52 wrote on May 28, 2009 1:10 PM:

" Thank you so much “yoyo”…I was worried there for a moment that “tired” was advocating deadly force by the police against people who may be exercising their freedom of speech rights. I will certainly sleep better tonight. "

sprklsunshine wrote on May 28, 2009 1:14 PM:

" I agree with tired. This whole thing didn't have to happen. "

thisisnotatest wrote on May 28, 2009 2:00 PM:

" Wow.
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:

" "Who watches the watchmen?"

The twelve citizens seated in the jury box. "

crusherfan wrote on May 28, 2009 2:23 PM:

" Was he involved in the disturbance to begin with...yes.Did he follow the directions of the police ....no
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:

" "tiredof...", it doesn't matter if the thugs were saying stuff about the cops mothers, it still doesn't give them a reason to shoot a guy in the back while laying on the ground. Cuff the idiots, gag them, do whatever, but shoot them, not a good idea. I have not heard that any of them were armed, even with a knife, so why were other passengers in danger. I think the people going to the Napa Fair on a Friday or Saturday night are in more danger than the passengers on BART. "

mofosheee wrote on May 28, 2009 4:52 PM:

" Wait, let me see if my eyes deceive me.

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:

" my goodness...I cannot believe that in this country talking back to an officer is enough to justify being shot in the back while lying on one's stomach on the ground...Perhaps we should seek a higher quality of officers...I would not want to believe that if I spoke unpleasantly to a police officer that he could kill me...I cannot understand why it makes sense to people in this conversation that a verbal confrontation is enough to be executed.He was not even throwing punches and certainly had no weapon. Should we not consider training police officers in these kinds of problems before we give them a gun? I cannot understand how it would seem okay to anyone...but evidently it does...and again I ask...would you feel the same if it was your child or loved one who was executed? I think not. "

Baraki wrote on May 28, 2009 6:19 PM:

" How are any of these comments in line with NVR's Comment Guidelines? These kinds of stories simply should not have comments allowed, since they invariably deteriorate to implications of guilt... "

thoughtank wrote on May 28, 2009 9:33 PM:

" Well, while we'll probably never really know what happened that night, we can speculate based on past incidents. Also, objective facts like those captured on video lend credence to the theory that over-reaction and inexperience on the officers' part may have been huge contributing factors. (Video cameras don't tell the entire story but they're certainly helpful.) My guess is that the adrenaline was running high as the officers had been dispatched to respond to assist in an emergency situation.

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:

" Oscar Grant's death was a horrible, horrible, tragedy.

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. "

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