Ex-BART Officer Charged With Murder In New Year's Day Shooting

January 15, 2009 2:26 a.m. EST

Oakland, CA (AHN) - Johannes Mehserle, the former Bay Area Rapid Transit (BART) police officer accused of fatally shooting a train passenger on New Year's Day, was charged with murder on Wednesday.

Alameda County District Attorney Tom Orloff made the announcement in a press conference with BART Police Chief Gary Gee. "Murder charges were filed because at this point what I feel the evidence indicates is an unlawful killing done by an intention act, and from the evidence we have there is nothing that would mitigate that," he said.

Mehserle, 27, was taken into custody without incident on Tuesday in Nevada, where he reportedly told police he went to escape the anger within the Oakland community about the shooting.

The two-year veteran of the transit agency has yet to speak to investigators. He abruptly 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.

Grant was one of several BART riders ordered off a train at Fruitvale station in the early hours of Jan. 1. Police were trying to break up a fight among some passengers. Video taken by other passengers using their cellphones show him being forced face down onto the ground by police officers and then being fatally shot by Mehserle while the knee of one of the officers was on his neck. The videos, which have been posted on YouTube, will be used by prosecutors as evidence.

Members of the BART board were forced to listen for several hours to the anger and frustration of hundreds of people in a meeting last Thursday that was meant to discuss plans to cut costs and raise fares. Board members apologized one by one at the end of the meeting.

BART announced on Monday that it had created a police review committee "to prevent an incident like the one on New Year's Day from ever occurring again."

Demonstrations continue to be held in Oakland over the shooting.