Police shoot unarmed man, laying face down, in the back

I am surprised no one has posted this yet. Before anyone screams "SNUFF!", this is clearly a newsworthy event, just as much as this story was.

From the San Francisco Chronicle:

(01-04) 19:38 PST Oakland -- BART's (Bay Area Rapid Transit) police chief asked for patience from the public on Sunday after video footage surfaced showing one of his officers fatally shooting an unarmed man who was on the ground on a station platform on New Year's Day, and after an attorney for the dead man's family said he planned to sue the transit agency for $25 million.

Chief Gary Gee said he, too, had seen video images of the shooting of Oscar Grant, a 22-year-old supermarket worker from Hayward. But Gee said he found the footage to be inconclusive, and he said his investigators still needed to interview a key witness - the officer himself.

That officer, a two-year veteran, has not been publicly identified and has been placed on routine administrative leave. BART officials have said only that his handgun discharged at about 2:15 a.m. Thursday at the Fruitvale Station in Oakland and that the bullet struck the unarmed Grant, who had been detained with several others.

Officials have not said whether the officer intended to shoot Grant. One source familiar with the investigation said BART is looking into a number of issues, including whether the officer had meant to fire his Taser stun gun rather than his gun. Alameda County prosecutors are conducting their own investigation, as is standard in officer-involved shootings.

"We are taking this investigation very seriously," Gee said during a news conference at BART headquarters in Oakland on Sunday. "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 spoke after attorney John Burris held his own news conference at his Oakland office, where he was surrounded by Grant's family members and friends and witnesses to the shooting.

Burris said he plans to file a $25 million claim this week against BART - a legal precursor to a civil lawsuit - because, he says, witness statements and video footage recorded by other passengers make clear that the shooting was unjustified.

"It is, without a doubt, the most unconscionable shooting I have ever seen," said Burris, who has won several damage awards against Bay Area police departments and worked on Rodney King's civil suit against the city of Los Angeles. "A price has to be paid. Accountability has to occur."

"It's pretty clear from the tape and from witnesses," Burris said, "that (Grant) wasn't doing anything of a threatening nature to the officer."

Burris said he has interviewed several young men who were with Grant when he was shot on the platform of the Fruitvale Station and has gone to the station with them to walk through a re-enactment. Burris said he has also viewed video from three different cameras.

Burris said he will file suit on behalf of Grant's mother, Wanda Johnson, and Grant's 4-year-old daughter, Tatiana.

David E. Mastagni, an attorney for the officer, declined to comment Sunday.

Grant was a butcher at Farmer Joe's Marketplace in Oakland's Dimond district, family members said. They said he loved to play basketball and video games and hang out with friends. He had been in some trouble, they said, but was doing better in recent months in an effort to be a good father.

According to sources, Grant had a prison record. Details were unavailable Sunday.

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