Independent agency hired to assume BART shooting probe
By: Tamara Barak Aparton
Examiner Staff Writer
January 30, 2009
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| BART officials say they will bring in an outside agency to investigate a fatal by BART Police Officer Johannes Mehserle, left. (AP) |
OAKLAND — An outside agency will take control of the internal investigation of the Jan. 1 shooting death of an unarmed BART passenger in an effort to boost public trust in the handling of the incident.
BART has been the target of public outrage since the New Year’s Day shooting of Oscar Grant III, 22, of Hayward. Amateur videos show former BART police Officer Johannes Mehserle fire a fatal shot into Grant’s back as the young father lay face down and restrained on Oakland’s Fruitvale station platform. A new video that surfaced last week showed a second officer punching Grant prior to the shooting.
“A lot of people have said they have no faith that the BART police department can police itself,” BART Director Carole Ward Allen said in a statement. “By authorizing an independent, outside investigation, we hope to reassure the public that we are transparent and accountable.”
The outside agency, which has yet to be selected, will assume the internal-affairs portion of the probe to determine if
any of the officers present that night violated internal BART policies and procedures, including use of force and gun protocol.
Mehserle, 27, who resigned from BART, has pleaded not guilty to murder charges; he is due in court today for a bail hearing.
Last week, a new video surfaced showing a second officer, Tony Pirone, punching Grant moments before the shooting. The video fueled criticism of a previous BART investigation, which failed to point out Pirone’s alleged wrongdoing. Once the video surfaced, however, BART officials reopened their investigation.
The newly formed BART Police Department Review Committee plans to hire yet-to-be-determined law enforcement experts to review BART police policies and procedures.
All officers present at the incident are now on administrative leave. Pirone continues to be employed by BART, said BART spokesman Linton Johnson.
Key elements
Investigations into the fatal shooting of a BART passenger are ongoing.
Internal-affairs investigation will determine whether BART policies, procedures were violated, such as:
- Use of force
- Use of alcohol, drugs
- Proper response to a disturbance
- Proper detaining of suspects
- Firearm protocol
Independent review of BART police will be a top-to-bottom look at all policies and procedures, including:
- Recruitment, hiring, training
- Identifying best practices
- Recommending changes in policies, procedures.
The Criminal investigation conducted by the Alameda County District Attorney’s Office and Oakland Police Department will include:
- Looking at whether any criminal laws were violated
- Possible penalties of criminal charges such as murder, assault, etc.
