Family Of Man Allegedly Shot Dead By CA Subway Police Files $25-Million Claim

January 7, 2009 3:32 a.m. EST

San Francisco, CA (AHN) - The family of a man who was captured by amateur cell phone videos as having been shot in the back by a Bay Area Rapid Transit (BART) police officer in the early hours of New Year's Day has filed a $25-million wrongful death claim.

Oscar Grant III, a 22-year old butcher, was on his way home on Jan. 1 on a BART train when a fight erupted between some riders. Subway police ordered passengers off the train at Fruitvale station in Oakland to break up the fight.

Video taken of what happened next by some passengers using their cell phones have been posted on YouTube. They show Grant kneeling on the floor along with other passengers with his arms raised, then being forced face down onto the ground by two police officers. With the knee of one of the officers on his neck, a third officer shoots Grant on the back as other passengers look on.

The claim filed on Tuesday by Grant's family says the officer who made the fatal shot was Johannes Mehserle, but BART has not revealed the identity of the officer it is investigating for the shooting. The agency has only said that the officer is a two-year veteran and is on routine administrative leave.

BART police chief Gary Gee in a press conference on Monday asked the public for patience as it conducts its probe. Gee also said he had seen the videos but think they are "inconclusive."

John Burris, the attorney representing Grant's family, said in a press conference, "Given what was transpiring, there really wasn't any need to have a firearm out..."It is, without a doubt, the most unconscionable shooting I have ever seen."

BART has 45 days to respond to the claim filed by Grant's family.