OAKLAND, Calif. -- The trial of a white former BART Police officer accused of fatally shooting an unarmed black man will be moved out of Alameda County, a judge ruled Friday.

Superior Court Judge Morris Jacobson said in his 28-page ruling the circumstances of the New Year's Day slaying, the violent protests that erupted in Oakland afterwards, intense media scrutiny and fears of shielding jurors and witnesses from any possible civil unrest, justified granting a change of venue.

Former Bay Area Rapid Transit District officer, Johannes Mehserle, 27, has been charged with killing Oscar Grant, 22, who had been pulled off a train for allegedly fighting when he was shot on an Oakland station platform. Mehserle has pleaded not guilty.

"The nature of this crime has an implied racial aspect to it in that the defendant is Caucasian and the victim was African American," Jacobson wrote.

"This case may well be a close one and difficult for some or all of the jurors to decide. Under these circumstances, there is a reasonable probability that (Mehserle) cannot get a fair trial," he said.

A new location for the trial, still scheduled to begin Nov. 2, will be decided over the next few weeks.

Mehserle's attorney, Michael Rains, had argued for a change of venue citing a survey of nearly 400 potential jurors said nearly 97 percent of them knew details about the case and nearly half believe he is guilty or probably guilty. Prosecutor David Stein argued that the survey was not credible.

Neither Stein nor Rains were available for comment Friday because of a gag order.

The Jan. 1 shooting was video-recorded by several bystanders, shown across the Internet and subsequently used as evidence in a preliminary hearing last spring.

Rains argues that Mehserle meant to use his Taser to restrain Grant, but accidentally pulled his pistol while Grant was lying face down on the station platform.

Oakland Mayor Ron Dellums said that he understood many may disagree with the judge's ruling.

"Whether we agree or disagree withthe ruling, let us go forward in a civil manner and treat one another with respect," Dellums said. "My fervent plea is that this decision does not cause chaos and upheaval in our city."

Grant's mother, Wanda Johnson, said she was stunned by the decision, which came a week after a change of venue hearing concluded. Her family had been encouraged by previous court rulings - including that Mehserle stand trial for murder.

She was adamant that the trial should be held in the city where her son died.

"It shows we still live in a black and white world. Nothing changes. " Johnson said. "We will go wherever the trial goes. Justice will be served."

Michael Cardoza, a veteran defense lawyer who has closely watched the proceedings, said the new venue makes "imminent sense."

Even if enough unbiased jurors could be found, "they might fear retaliation should they not bring back a favorable verdict," Cardoza said.

Venue changes are rare because of the extra cost and logistical obstacles. The California Judicial Council reports that scores of requests have been made in the last two years, but only four granted.

To win a venue change, defense attorneys must prove that their clients cannot get justice in the county where the crime occurred.