First Hearing On Shooting Of Unarmed Man By BART Officer Focuses On Disturbing Videos

May 19, 2009 7:06 a.m. EST

Oakland, CA (AHN) - Videos of Bay Area Rapid Transit (BART) police officers holding down an unarmed black man while another officer fired a shot into his back were shown during the first day of preliminary hearings on the case on Monday. The fatal shooting had occurred on New Year's Day and had sparked massive riots in Oakland.

A two-year veteran of BART, Johannes Mehserle is charged with murdering Oscar Grant, a 22-year-old butcher who was fatally shot while on his way home on a train.

Grant was one of several BART riders ordered off a train at Fruitvale station in the early hours of Jan. 1. BART police were trying to break up a fight among some riders.

Video taken by other passengers using their cellphones show Grant kneeling on the floor along with other passengers with his arms raised, being forced face down onto the ground by two police officers, and then being shot.

Mehserle 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.

Oakland Mayor Ron Dellums also had to assure a crowd of angry protesters in front of city hall. With racial tensions high, the protests had continued for weeks.

The hearing on Monday begins what is expected to be a two-week process to find if there is enough evidence for a trial. Mehserle has pleaded not guilty and claims he intended to shoot Grant with his taser and not his gun.

BART attorney Dale Allen has said, "There is far more to this story than is seen in the videos and far more information from witnesses about what really occurred that night that lead up to the tragic, mistaken shooting."

Testimony from the two passengers who recorded the incident on their mobile phones, Margarita Carazo and Karina Vargas, indicated what could already been seen on the videos -- that Grant was not resisting the officers and that situation at Fruiitvale station became increasingly tense in the moments before the shooting.

The hearing at the Alameda County courthouse was packed with the families of both Grant and Mehserle. Security outside was tight as protesters chanted and held up signs saying, "Jail Killer Cops."

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.