EMERYVILLE, Calif. (KGO) -- A decade later, the public is getting a more complete look at what happened the night 22-year-old Oscar Grant was shot in the back, and killed by Officer Johannes Mehserle. New details are spelled out in an internal investigation report BART released Tuesday.
The documents have been made available under SB 1421, the state's new transparency law. It allows the public to view internal records of certain forms of officer misconduct.
"The things that happened on that night at the Fruitvale BART station should be studied by not just BART itself, but many other agencies across the country," Cephus Johnson, Grant's uncle said.
Johnson has read through the extensive report. It was conducted by investigators in 2009.
The report debunks Officer Mehserle's defense that he intended to use his taser and not his gun. Based on enhanced video evidence, investigators said Officer Mehserle attempted to draw his gun twice, and on the final attempt can be seen looking down at the gun holster to watch the gun come out.
Grant's family told ABC7 News that the report reinforced what they already knew.
Investigators found that Officer Mehserle reported 6 use of force incidents in 2008, more than any other officer on the platform, and more than most BART officers that year.
"That says a whole lot about BART's failure to be accountable to the community," Johnson said.
The report also said Officer Anthony Pirone contributed substantially to the volatile atmosphere on the platform. A witness refereed to him as the "crazy cop."
Officer Pirone reportedly screamed:
"Get the F**k off my train"
"Motherf***er get off the train. Don't think I don't see you." Witness accounts also claim he repeated a racial slur back to a detainee.
Investigators believe Officer Pirone's actions played a critical role leading to Grant's death.
BART released the following statement to ABC7 News
"The January 1, 2009 shooting of Oscar Grant was a tragic loss of life and we continue to offer our deepest condolences to the Grant family. Since the tragedy, BART and its police department have worked diligently to ensure that our officers receive the proper training, support and oversight necessary to respond appropriately and effectively to challenging situations. It's worth noting that two individuals cited as primary figures in this internal affairs report are no longer employed by BART. Former Officer Johannes Mehserle was found guilty of involuntary manslaughter for the Oscar Grant shooting and served time in prison. Former Officer Tony Pirone was terminated soon after the investigation was finalized."
Investigators said, "deadly force was not justified under the circumstances."