Alameda County District Attorney Nancy O’Malley announced Monday that her office will not file any charges against former BART Police Officer Anthony Pirone for the killing of Oscar Grant III in 2009 after reopening its investigation into the case in October.
The shooting of Grant by former Officer Johannes Mehserle at the Fruitvale BART station in Oakland in the early morning hours of New Year’s Day in 2009 eventually led to the conviction of Mehserle on an involuntary manslaughter charge.
Grant’s family had called for a murder charge against Pirone, who was kneeling on Grant prior to the shooting by Mehserle, who said he had meant to reach for his Taser stun gun instead of his firearm.
Pirone used a racial epithet multiple times while pinning Grant on the ground, but has said he was only repeating what Grant said to him.
The district attorney’s office, in a report released Monday on the decision not to charge Pirone, said “while Pirone’s overly aggressive conduct contributed to the chaotic nature of what transpired on the BART platform,” he cannot be charged with aiding and abetting in the killing since “there was no evidence that Pirone knew in advance that Mehserle was going to shoot Mr. Grant.”
Grant’s family, which met with O’Malley earlier Monday to discuss the decision, planned a news conference following the meeting.