BART Officer In Fatal Shooting Resigns; Protests In Oakland Turn Violent

January 8, 2009 2:26 a.m. EST

Oakland, CA (AHN) - The Bay Area Rapid Transit (BART) police officer being investigated for allegedly shooting to death an unarmed man on New Year's Day has resigned, BART said on Wednesday, the same day protests over the shooting turned violent.

Johannes Mehserle, a 27--year-old two-year veteran of the transit agency was scheduled to speak for the first with investigators about the shooting on Wednesday. His attorney and his union representative appeared at the meeting on his behalf with a letter of resignation that is effective immediately, BART said in a press release that did not mention the name of Mehserle.

"BART investigators have urged the officer to meet and cooperate with the transit agency's investigation into the fatal shooting... The BART Police investigation will continue to seek and examine all available evidence and will continue its full cooperation with the ongoing independent investigation by the District Attorney," the agency added.

The same day, a peaceful protest in Oakland turned violent and a funeral service was held for victim.

An afternoon demonstration at the Fruitvale station in Oakland, where the shooting occurred, began peacefully but escalated into a riot as protesters smashed storefronts and cars and forced the shut down of transit stations at 12 Street and Lake Merritt. And Oakland Mayor Ron Dellums had to assure a crowd of angry protesters in front of city hall.

The funeral service for Oscar Grant III, a 22-year old butcher who was fatally shot while on a BART train, was held the same day before hundreds at the Hayward church.

Grant was on his way home in the early hours of Jan. 1 when a fight erupted between some riders. Subway police ordered all passengers off the train at Fruitvale station 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.

Grant's family filed a $25-million wrongful death claim on Tuesday. The claim says the officer who made the fatal shot was Mehserle, but BART has not revealed the identity of the officer it is investigating.

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

"As frustrating as it is, I want to stress that we cannot and will not jeopardize this case by discussing details before the investigation is complete," Gee added. "While some have already begun to draw conclusions and speculate about what happened well before all the facts are in, doing so may compromise independent recollections from witnesses and does a disservice to getting at the answers we are seeking."