Watch the video here:
http://cbs5.com/video/?id=44043@kpix.dayport.com 

Oscar Grant, 22, was killed January 1 in a shooting at a subway station in California's Bay Area.

Bay Area Rapid Transit spokesman Linton Johnson told CNN affiliate KTVU-TV in Oakland, California, that the officer is presumed innocent and described him as devastated.

Attorney John Burris called the shooting "unconscionable" and said he filed a $25 million claim with BART on Tuesday, alleging wrongful death and violation of civil rights by use of excessive force. BART has 45 days to respond, Burris said.

"It's a clear shooting in the back that should not have taken place," Burris said, characterizing the incident as a case of "overagressiveness by police."

KTVU obtained at least two videos of the incident and its prelude. One video, which KTVU reported came from a train passenger who wished not to be identified, shows three young men against a wall in the crowded Fruitvale station.

Burris said Tuesday that the young men had been celebrating the new year at a popular waterfront tourist spot, The Embarcadero. They were heading home when police pulled them from the train car.

Some of the young men were handcuffed, but not 22-year-old Oscar Grant. The video from the anonymous passenger shows Grant seated on the floor with his back against the wall.

Grant holds up his hands, appearing to plead with police. Burris said Tuesday that Grant was asking police not to use a Taser.

"He said to them, 'Don't Tase me; I have a 4-year-old daughter,' " Burris said.

The interaction on the video is not audible.
Seconds later, police put Grant face-down on the ground. Grant appears to struggle.

One of the officers kneels on Grant as another officer stands up, tugs at his gun, unholsters it and fires a shot into Grant's back.

Burris said the bullet went through Grant's back and then ricocheted off the floor and through his lungs.

Grant, who has a 4-year-old daughter, died seven hours later, KTVU reported.

"I couldn't believe it. We was already following directions and everything, and they shot him," Fernando Anicete, one of the young men with Grant, told KTVU.

Burris has spoken to witnesses who claim that Grant was trying to resolve the situation.

"He had been telling people to calm down. 'Be cool. Just do what they tell you to do,' " the attorney said.

Johnson (The Bay Area Rapid Transit spokesman ) said the video provided to KTVU is inconclusive.

There are two surveillance cameras at the Fruitvale station, but a BART official told CNN that no video is being released at this time.

The community is outraged, according to local media. CNN affiliate KRON-TV in San Francisco reported that about 20 people rallied Monday outside BART's district headquarters in Oakland.

"A 22-year-old unarmed father was executed and assassinated, and BART expects us to swallow that the shooting may have been an accident," protest organizer Evan Shamar of Oakland shouted through a bullhorn, according to KRON.

BART says an investigation is ongoing and hasn't reached any conclusions.

The San Francisco Chronicle published an editorial Tuesday demanding answers as well.

"The BART police say that they are taking the investigation very seriously, but they had better find a way to reach out to the public effectively about what is going on and why. Otherwise, public outrage over this case is going to grow exponentially with every passing day," the newspaper said.

BART Police Chief Gary Gee released a statement this week expressing condolences for Grant's family and saying the authority is cooperating with the Alameda County district attorney's office, which is also investigating.

Gee added that BART will complete an "unbiased and thorough investigation" and asked the public to be patient.

"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 said.

Gee provided minor details of what preceded the shooting: BART police received a report that two groups of passengers were involved in an altercation as their train left the West Oakland Station about 2 a.m.

"BART police officers responded to the platform at Fruitvale and detained several persons," Gee said in his statement.

BART has not identified the officer, saying only that he has been on the force two years. He has undergone drug and alcohol testing and is on administrative (Paid)leave both of which are standard procedure, according to BART.

The officer has yet to make a public statement.


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The most annoying part of this story is that the officer in question has resigned and would probably not be prosecuted

Nope. The most annoying thing is you apparently do not know the difference between 'Unarmed' and 'unharmed'.

And that's just lame.

It does make the title wildly humorous though.

texazzpete:

Nope. The most annoying thing is you apparently do not know the difference between 'Unarmed' and 'unharmed'.
And that's just lame.
It does make the title wildly humorous though.

That was a typo!!!
Now i know the reason why there is hardly a thread on nairaland without insults.
Tell me, what would it cost you to point out the typo without any insults?

I doubt he was actually insulting you but rather pointing out the obvious error, come on tboy1 you've got to have a thick skn.

By the way, I went through the post and I'm not sure if this really has much to do with the Nairaland topics/posters so I doubt you'll get much response either way. The post is not really a debate which Nigerians would feel it's worth of their time to jump on, _{just my thoughts, no offence meant.}

@tboy1
What is the point of arguing ? after more than 1000posts you should have known by now that there are some  Nigerians who will defend (or deride) any posts about bad news  coming from any country as long as that country is not Nigeria . Do you think your post would have got so meagre comments if this had been about Nigeria ? Not a chance ; you will have had a  hundred posters supporting  that Nigeria is a hopeless country as the video has clearly shown.  

B.O.S.S.:

I doubt he was actually insulting you but rather pointing out the obvious error, come on tboy1 you've got to have a thick skn.
By the way, I went through the post and I'm not sure if this really has much to do with the Nairaland topics/posters so I doubt you'll get much response either way. The post is not really a debate which Nigerians would feel it's worth of their time to jump on, _{just my thoughts, no offence meant.}

None taking bro

felifeli:

@tboy1
What is the point of arguing ? after more than 1000posts you should have known by now that there are some Nigerians who will defend (or deride) any posts about bad news coming from any country as long as that country is not Nigeria . Do you think your posts would have got so meagre comments if this had been about Nigeria ? Not a chance ; you will have had a hundred posters supporting that Nigeria is a hopeless country as the video has clearly shown.

To be honest i really dont care bout the responses from ppl towards this thread, i saw the news the other day and thought i'll post it ere for ppl to read and watch the video