'Do what's right': Oscar Grant's family seeks felony murder charge for 2nd BART officer

"The independent report goes on to document that (Officer) Pirone caused brain injury to Oscar Grant. Brain injury! That's a felony!" said Charles Bonner, one of the lawyers representing Grant's family.
OAKLAND, Calif. (KGO) -- It's been almost 12 years since Oscar Grant, an unarmed Black man, was shot and killed by BART police at the Fruitvale BART station in Oakland.

BART police officer, Johannes Mehserle, was convicted of involuntary manslaughter and has served his time. But family says there is more to this case.

"We have been seeking justice for almost 12 years now. Justice has been deferred," says Reverend Wanda Johnson, Grant's mother, who spoke at new conference held in front of Alameda County Courthouse in Oakland.

RELATED: Alameda County DA reopens Oscar Grant case after Grant's family demands greater justice

"(Alameda County) District Attorney, Nancy O'Malley, said that she was reopening the case. And we are still waiting to find out what charges they are going to bring against the officer."

Johnson is speaking of Officer Anthony Pirone, who was fired from BART police, yet never charged. No one knows his current whereabouts.

A previously concealed, independent investigation the by law firm Meyers Nave, claims that Pirone caused injuries to Grant's face, and kneeled on Grant's head and neck. It says Pirone used "repeated, unreasonable and unnecessary use of force."

RELATED: Oscar Grant: BART releases report with new details of officers' roles in fatal shooting

The report goes on to state that, "Pirone was, in large part, responsible for setting the events in motion that created a chaotic and tense situation on the platform, setting the stage, even if inadvertent, for the shooting of Oscar Grant."

The family wants Pirone to be charged with felony murder.

"The courthouse, the district attorney, needs to do what's right. And that is to bring charges against Officer Pirone," says Johnson.

In an email to ABC7 News, Alameda County District Attorney Nancy O'Malley says:

"I have created a working group led by Assistant District Attorney II Terry Wiley to review this matter. The group has been working diligently to conduct a thorough review of the facts and the law. The Office has been in close contact with the family to keep everyone informed of our progress. As is our policy regarding any open investigation, we cannot comment further."

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It's been more than 10 years since Oscar Grant died on the Fruitvale BART station platform, and now a huge mural honoring his life and his legacy is officially going to be unveiled this weekend.

Officer Keith Garcia, President of the BART Police Officers Association, tells ABC7 News that he won't issue a statement unless the D.A. brings any charges. But he raises doubts about a felony murder charge when Officer Mehserle was already convicted by a jury of just involuntary manslaughter.

Lawyer Charles Bonner, one of the lawyers representing Grant's family, explained how that charge is possible.

"The independent report goes on to document that Pirone caused brain injury to Oscar Grant. Brain injury! That's a felony!" says Bonner.

Grant's family believes there is enough evidence to immediately bring charges, but say O'Malley told them she will have more after the holidays.
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