BART Cop Said He Thought Grant Had GunOAKLAND (CBS 5 / AP / BCN) ―
A Bay Area Rapid Transit police officer who was on an Oakland train station platform when his colleague fatally shot a young man testified Wednesday that his fellow officer thought the man was going for a gun.
Officer Tony Pirone told an Alameda County Superior Court judge during a preliminary hearing that Johannes Mehserle looked shocked after shooting 22-year-old Oscar Grant III on New Year's Day.
He said Mehserle had been shouting on the Fruitvale station platform that he was "going to Tase him" and that he was having trouble trying to handcuff Grant. Mehserle told Grant, Pirone said, to put his hands behind his back and stop resisting.
Grant was one of a handful of passengers pulled aside by officers after a report of fighting on the train. Mehserle is charged with murder for shooting Grant in the back while he was lying face down on the platform. Mehserle, 27, has pleaded not guilty. The hearing is to determine whether he will stand trial on the murder charge.
Pirone testified that prior to the shooting, Mehserle had told him Grant was reaching for his waistband.
Pirone said that just before Mehserle fired, Mehserle told him to "get back," and said, "I'm going to Tase him (Grant), I'm going to Tase him."
Pirone testified for the defense, and said after the shot rang out he "thought the Taser had malfunctioned" because he didn't see any probes shoot out. Then he looked away from Grant at Mehserle and saw that Mehserle was holding his pistol.
"It was not something that I expected to see or hear," Pirone said.
When he realized Mehserle had shot Grant with his gun, Pirone said "Oh shit." He said Mehserle appeared to be equally stunned by what happened.
Pirone said Mehserle then approached him and said, "Tony, I thought he was going for a gun."
Pirone replied, "Ok."
Pirone then had Mehserle handcuff Grant believing he still had a weapon. Grant was unarmed.
During Pirone's testimony, Grant's mother sat in the courtroom crying, her face in her hands.
Prosecutors asked Pirone during cross examination why officers hadn't searched Grant after taking him off the train.
Pirone said officers were outnumbered at the time and that wasn't protocol to search suspects if they were in that situation.
Other officers and witnesses who have testified during the hearing have described the platform as chaotic, with screaming and shoving by both the officers and Grant's friends. Some eyewitnesses, however, have said Grant never resisted and was cooperative. They described Pirone as the most aggressive officer on the scene.
As Grant lay bleeding on the train platform after being shot and handcuffed, Pirone called for medical help and grabbed Grant's hand and told him to "squeeze me if you hear me." He said Grant gripped his hand.
Asked by Mehserle's attorney, Michael Rains, if Pirone administered CPR, Pirone said he didn't because Grant was conscious and breathing.
"I told (him) to stay with me," Pirone said.
Wow! common sense told me that the officer probably was reaching for a taser and could have honestly made a mistake. but if what the media is relaying in regards to officer pirone's testimony that now the officer said "I thougt he was reaching for a gun" and that is why he shot him is true, murder charges fit. this is unbelievable. that statement alone discredits the defenses claim that he was reaching for a taser. i'm with the prosecution on this.
A Bay Area Rapid Transit police officer who was on an Oakland train station platform when his colleague fatally shot a young man testified Wednesday that his fellow officer thought the man was going for a gun.
Officer Tony Pirone told an Alameda County Superior Court judge during a preliminary hearing that Johannes Mehserle looked shocked after shooting 22-year-old Oscar Grant III on New Year's Day.
He said Mehserle had been shouting on the Fruitvale station platform that he was "going to Tase him" and that he was having trouble trying to handcuff Grant. Mehserle told Grant, Pirone said, to put his hands behind his back and stop resisting.
Grant was one of a handful of passengers pulled aside by officers after a report of fighting on the train. Mehserle is charged with murder for shooting Grant in the back while he was lying face down on the platform. Mehserle, 27, has pleaded not guilty. The hearing is to determine whether he will stand trial on the murder charge.
Pirone testified that prior to the shooting, Mehserle had told him Grant was reaching for his waistband.
Pirone said that just before Mehserle fired, Mehserle told him to "get back," and said, "I'm going to Tase him (Grant), I'm going to Tase him."
Pirone testified for the defense, and said after the shot rang out he "thought the Taser had malfunctioned" because he didn't see any probes shoot out. Then he looked away from Grant at Mehserle and saw that Mehserle was holding his pistol.
"It was not something that I expected to see or hear," Pirone said.
When he realized Mehserle had shot Grant with his gun, Pirone said "Oh shit." He said Mehserle appeared to be equally stunned by what happened.
Pirone said Mehserle then approached him and said, "Tony, I thought he was going for a gun."
Pirone replied, "Ok."
Pirone then had Mehserle handcuff Grant believing he still had a weapon. Grant was unarmed.
During Pirone's testimony, Grant's mother sat in the courtroom crying, her face in her hands.
Prosecutors asked Pirone during cross examination why officers hadn't searched Grant after taking him off the train.
Pirone said officers were outnumbered at the time and that wasn't protocol to search suspects if they were in that situation.
Other officers and witnesses who have testified during the hearing have described the platform as chaotic, with screaming and shoving by both the officers and Grant's friends. Some eyewitnesses, however, have said Grant never resisted and was cooperative. They described Pirone as the most aggressive officer on the scene.
As Grant lay bleeding on the train platform after being shot and handcuffed, Pirone called for medical help and grabbed Grant's hand and told him to "squeeze me if you hear me." He said Grant gripped his hand.
Asked by Mehserle's attorney, Michael Rains, if Pirone administered CPR, Pirone said he didn't because Grant was conscious and breathing.
"I told (him) to stay with me," Pirone said.
Wow! common sense told me that the officer probably was reaching for a taser and could have honestly made a mistake. but if what the media is relaying in regards to officer pirone's testimony that now the officer said "I thougt he was reaching for a gun" and that is why he shot him is true, murder charges fit. this is unbelievable. that statement alone discredits the defenses claim that he was reaching for a taser. i'm with the prosecution on this.
