BART Cop Involved In Grant Shooting Fired

[Newsjock]

Source: KTVU Oakland

OAKLAND, Calif. -- One of the BART police officers involved in the New Year's Day shooting last year that ended in the death of Oscar Grant has been fired, according to sources familiar with the case.

The officer, Marysol Domenici, was one of the first two BART police officers to respond to the call of a fight on board a BART train. Her partner was Tony Pirone, the officer Grant's family and their attorney blamed for escalating the situation that led to the shooting by fellow officer Johannes Mehserle, now charged with murder.

A BART spokesman confirmed on Thursday that Domenici was no longer employed by the BART Police Department as of Wednesday. Sources told KTVU that Domenici was fired after an administrative hearing.

As KTVU first reported last year, an internal investigation of the shooting conducted by Meyers Nave have recommended that BART fire both Domenici and Pirone.

... Both officers have been on administrative leave since the day of the killing, drawing their salary but not working.

Read more: http://www.ktvu.com/news/22959315/detail.html

[bluevoter4life]

1. Refresh me

Was this the one where the suspect was handcuffed, on the ground and shot in the back?

[The Green Manalishi]

2. yes,

The claim is that the officer meant to draw his taser and drew/fired his gun instead.
Hate it when that happens :eyes:

[AtheistCrusader]

10. It does happen.

Many factors contribute. Training or lack thereof. Stupidity. A taser that is designed to feel, aim, safety and fire just like a firearm.

When I look at the video I see a couple interesting things. First, the officers are communicating the entire time, even if through body language. They both release and clear the suspects body, as if expecting to tase him. The officer that was kneeling on his neck stands and moves clear as the officer that fires draws, and aims. But when the gun goes off, both officers share a shocked 'what the fuck was that' and 'oh shit' look. Clearly neither was expecting a firearm to discharge.

Barring some evidence that is missing from the video, I would expect to convict the officer of criminal negligence or manslaughter, depending on the laws of California. Nothing more.


Edit: On the matter of tasers looking/feeling/getting confused with firearms, some departments are requiring the taser be worn on the other leg, in a manner that does not build muscle memory of drawing or firing in a way that can be confused with a regular firearm. Some taser models are diverging from the familiar pistol configuration to something completely unlike a firearm as well, again, to cut down on confusion.

[boppers]

13. Accidental launch of nuclear weapons happen, right?

When we launch nuclear weapons accidentally, the problem is training?

Uh, no.

[AtheistCrusader]

15. Systems are specifically designed to prevent that possibility.

Tasers are not. They look, feel, and operate like a firearm. There HAVE been cases where officers have mistakenly fired one when expecting to use the other. With tragic consequences.

As I mentioned, the officer IS criminally negligent. But he's not going to be alone at the defendents table in a civil trial. Department Policy, and the taser manufacturer are likely to be sitting right there with him, and they will all be paying dearly.

[boppers]

18. I guess that was sort of my point.... tasers have a different heft, grip, etc.

Apparently a taser is not different enough, or it's worn in a too similar way, or (alternately) the *firearm* is worn in such a way that it can be accidentally grabbed when a taser is intended, and the firearm needs to be removed, or access to it needs to be made more inconvenient.

Good luck to anybody who tries to make that (disarming officers) happen, though, as it's a hard set of arguments to *defeat* muscle memory, or re-channel it?

When an officer needs a firearm, a taser, a side-handle baton, a spray, handcuffs, all of these need to be different enough, or have different enough kinds of muscle memory, that accidents are less likely.

[pattmarty]

14. Get fucking real.

[AtheistCrusader]

16. I am.

Watch the video. The first time through, just prior to the shot my thought was 'oh you asshole, you're just going to tase him to punish him', then the gunshot. Look at the officers. Look at what they are doing.

It's quite common to use a taser as a 'compliance tool' to hurt someone as a form of punishment. It's not necessary. It's not required. There is no reason those two officers couldn't have gotten the handcuffs on without a taser. Over-use of tasers as compliance tools is a factor in what happened. It's approaching a point where we may need to consider banning the use of these 'less lethal' tools by police officers.

[pattmarty]

17. How 'bout banning using "rent a cops"? Stupidity is NOT a fucking.............

...........excuse.

[AtheistCrusader]

19. Also a good idea.

Also, not I am not excusing the incident. Twice now I've mentioned criminal negligence. He WILL do time for that incident. He MUST do time for it.


But if we limit charges to murder, he might walk. You can be sure any jury is going to be crafted in such a way as to be sympathetic to the officer. There is already enough credible evidence to eliminate the possiblity of a straight-up murder charge. Negligent homicide, or some degree of manslaughter should stick to him just fine though.

[pattmarty]

20. Well, that's a huge thing with our legal system nowadays...................

...........If cops do commit a crime, they either walk or get slapped on the wrist. That and the wealthy (banksters?) get away with literally murder in some cases. Two things, they have to start enforcing the "law" equally and police when they commit a crime are convicted and serve time.

[JonLP24]

23. I don't buy it

It was noted by the judge that he was trained to use his handgun with both hands (he used both hands in the video) and that he was trained to use his left hand for the tazer. Plus it is a different feel and color and not to mention weighs have as much as his weapon. IMO in any event he had no reason to use a tazer because he was on the ground and was restrained. That's all I have to say about the subject.

[roody]

3. yes

[Grinchie]

6. Yep

It's all on the you tube. I believe thay had 3 other officers kneeling on the guys neck (Oscar Grant) at the time.

Pretty grisly, but whats weird is that I dodn't recognize any of the names of the officers..

I was in the area at about that time, and I can safely say that it triggered a whole lot of shit. We came close to another Watts riot over that incident

[AtheistCrusader]

9. ONE other officer.

Crimony, how can you have seen the video even once and think there were three people kneeling on his neck, how is that even logistically possible

[AtheistCrusader]

8. No, yes and yes.

His arms move independently when they roll him over so he was not yet cuffed. Unless somehow the shot miraculously cut the cuffs in two.

[PSPS]

4. "...on administrative leave since the day of the killing, drawing their salary but not working"

Both officers have been on administrative leave since the day of the killing, drawing their salary but not working.

Isn't it nice that murderers on the public payroll get a year-long paid vacation?

[HomerRamone]

5. Oh No Not BartCop!

http://www.bartcop.com ~(_8^(|)

[NecklyTyler]

12. When I first glanced at the headline that went through my mind like a lightening bolt

A shot of Chinaco for you

[Divine Discontent]

7. some justice for Oscar's family....

that action by that cop was downright inhumane - and appeared clearly like he meant to do it (whether it was in anger or not).

[mackerel]

11. Actually if you look closely at the youtube stream

you'll see he looks shocked and has that "oh fuck" look on his face. It appeared to me that he had no intention of using his gun.

The whole thing may have been handled badly but I honestly believe the officer who shot and killed Grant how no intention of that being the outcome. I don't think he enjoyed killing someone.

[Divine Discontent]

21. a cop that can't tell the weight of a loaded gun versus a stun gun shouldn't be on the force to make

that horrible mistake. I did look closely at the video when it happened more than a dozen times, and yes, I see the cop getting more shocked after the shot was fired. I have been around people who have done something bad then they acted all surprised it happened. He could have been seriously just an idiot, or so pissed off about these youths that he figured he'd claim it was an accident while getting to waste one of them. Of course, we'll never know. But I am glad he's off the force, for anyone that can't tell what they're holding, especially a stun gun or a loaded weapon, shouldn't be allowed to control any situation. I know we agree on that without hesitation. What a shame....

[DCKit]

22. ABART time.

This was a no-brainer from go.

The FReepers just don't get that it's a whole new ballgame and they can't get away with this shit.

[Starry Messenger]

24. Good.