Review Finds “Lapses” Among BART Officers During Fatal New Year Shooting Of Passenger

Oakland, CA (AHN) – Bay Area Rapid Transit (BART) police officers involved in a New Year’s Day incident that resulted in death of a passenger and massive racially-charged riots committed lapses in communication and failed to follow procedures, according to a report from a law firm commissioned by BART to conduct an internal review.

Oscar Grant, a 22-year-old butcher was fatally shot by a BART officer while on his way home on a train in the early hours of Jan. 1. He was one of several riders ordered off a train at Fruitvale station by transit police who were trying to break up a fight among some passengers.

Grant’s death was recorded by other passengers taking footage of the commotion using their cell phones. The videos show him kneeling with his arms raised along with other passengers on the platform, being forced face down onto the ground by two police officers, and then being shot.

The officer who shot Grant, two-year veteran Johannes Mehserle, has pleaded not guilty to murder charges. He resigned on Jan.7, when he was scheduled to answer questions for the first time about the shooting. The same day, riots broke out in Oakland as demonstrators protesting what they said was BART’s mishandling of the investigation, smashed storefronts and cars.

Meyers Nave, the law firm hired by the transit agency to review the shooting incident, said there were “shortcomings in tactics used by officers” and “lapses in communication and leadership.” It also concluded that “officers did not follow recommended procedures [and] failed to work as a team reducing their effectiveness by working independently while also increasing their chances of being assaulted.”

The firm said that the agency’s reporting of use-of-force incidents is “substandard,” and that “some decisions made following the Fruitvale incident could be improved in regards to debriefing and interviewing officers at the scene.” Portions of the BART policy manual, the firm added, had not been updated since the 1970s, 1980s or 1990s.

BART said it had begun making improvements even before the firm’s findings, such as updating its manual and requiring all use-of-force incidents to be reported and investigated instead of just significant use-of-force incidents. It has also added more training hours for officers regarding cultural diversity, racial profiling, taser recertification.

Mehserle claims to have mistakenly shot Grant with his gun instead of his taser. He posted the $3 million bail with funds from family and supporters.

Apart from the criminal charges, Grant’s family has filed a $50 million civil suit against BART, which has been holding public forums to help draft a proposal on civilian oversight of the agency.

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