Slain man's family files $25-million suit in BART shooting

The family of the 22-year-old father, who was shot to death by a BART police officer early on New Year's Day, filed a $25-million wrongful death claim against the agency Tuesday.

John L. Burris, the long-time civil rights attorney representing Grant's family, called the death "the worst I've ever seen in a shooting case" and said that it "cries out for criminal prosecution."

In amateur videos, the BART officer can be seen shooting the unarmed man in the back as he lay face down while other officers restrained him.

BART spokesman Linton Johnson said in an e-mail that "we have received the claim, and we are carefully reviewing it but cannot comment on it."

In an earlier written statement, BART Police Chief Gary Gee said his agency was "committed to complete an unbiased and thorough investigation" and asked the public to "refrain from jumping to conclusions" about the circumstances surrounding Grant's death.

"We want to express our condolences to the family of Oscar Grant," Gee said. "I want to assure Mr. Grant's family and the public that we are taking this investigation very seriously."

The Alameda County district attorney's office is also investigating, Gee said.

BART officials have not publicly identified the officer involved in the shooting but described him as a two-year veteran of the agency's police force. He underwent drug and alcohol testing after the incident and is on administrative leave, Gee said, "which is standard procedure."

But the claim filed Tuesday by Grant's mother and 4-year-old daughter identifies Johannes Mehserle as the BART officer who "stood over Mr. Grant and mercilessly fired his weapon, mortally wounding Mr. Grant with a single gunshot wound to the back."

Mehserle could not be reached for comment.

There has been speculation that Mehserle may have believed he was reaching for his Taser to stun Grant rather than reaching for his gun to shoot him. To Burris such a distinction is not that important.

"If the officer had a Taser and he thought he was pulling it, to me that's still a criminal act," Burris said. "It means you're negligent, as opposed to knowing you pulled your gun." That, he said, would be "murder."