Via Lester Spence. Caps added.
“. . . While allowing claims against Mehserle to go to trial, the Ninth U.S. Circuit Court of Appeals in a ruling last week stressed the role of the lead officer at the scene, Anthony Pirone. Based on a plausible view of the evidence, the court said July 30, Pirone had NO LEGAL JUSTIFICATION for forcing Grant and a friend off of a train and onto the platform, where the fatal encounter occurred. . . .
“. . . The events leading to Grant’s death began as Pirone responded to a report of a fight on the train just before it reached Oakland’s Fruitvale Station in the early morning hours of New Year’s Day. He approached a group of young black men on the platform and pulled his Taser on them. When three of the men started to walk away, he ordered them to sit down, the court said.
“Two others in the group, Grant and his friend Michael Greer, re-entered the train, but Grant, who had been involved in the fight, got out when Pirone shined his Taser beam on him. The officer then pulled Greer from the train, yanking him by the hair and knocking him down when Greer spun to face him, the court said. Pirone later slugged Grant in the head, saying he had seen Grant place a hand on the officer’s partner, Marysol Domenici. At that point, Pirone ordered Mehserle to arrest Grant and another man. Mehserle then pulled Grant down, and Pirone and Mehserle pinned him to the platform, facedown. . . .
“. . . ‘Pirone encountered a group of black men who were doing nothing but talking when he arrived at the Fruitvale Station, were not committing any crimes, and posed no apparent threat that would justify his pulling a weapon and holding them,’ Murguia said.”
Blame in Oscar Grant BART death may shift
Court questions decision to remove Grant from train . . . the courts and the public have placed the responsibility for Oscar Grant’s death entirely on the BART police officer who shot the unarmed passenger on an Oakland train platform. . . . a federal appeals court ruling could shift some of the bla…
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