VIDEO: BART deadly police shooting draws protest, possible wrongful death lawsuit


OAKLAND (KRON) -- An East Bay family has filed a civil claim against BART, paving the way for a wrongful death lawsuit after an officer-involved shooting.

Twenty-eight-year-old Shaleem Tidle was shot and killed by a BART police officer last month, a shooting his family claims was unjustified.

The family and other community members are demanding justice, as they marched through the West Oakland BART Station on Tuesday.

They were marching just feet from where Tindle was gunned down Jan. 3.

Tindle's family says time has not softened the loss of one of their own.

"These cops (are) getting away with murder," Tindle said.

BART says one of its officers responded to reports of gunfire and a fight happening across from the West Oakland BART Station on the deadly day in question.

Tindle's family says Shaleem was wrestling with another man and had actually shot the other man in the leg before the officer arrived.

But they say Tindle had already been disarmed by the time the officer showed up.

Attorney John Burris represents the Tindle family and says he's seen the officer's body camera video that captured the shooting and the moments leading up to it.

"The officer comes up and says, 'Show me your hands, show me your hands,'" Burris said. "And, within moments, he starts shooting, and he shoots Shaleem in the back. Bang, bang, bang. He could not have seen a weapon of any kind. He could not have seen Shaleem's hands."

The officer who opened fire has been named in the civil claim. He is Joseph Mateu III.

Mateu is on paid administrative leave pending the outcome of the investigation, which is being carried out by the Oakland Police Department.

Shaleem's brother wants Mateu charged with murder.

"We gotta stand up and make these cowards pay for what the hell they did," Shaleem's brother Laron Mayfield said. "Justice for Shaleem. Justice for Shaleem."

BART says once the investigation into the shooting is complete, it is committed to releasing the body-camera footage.

The following is a statement from BART Police Chief Carlos Rojas:As a police department and a transit agency we at BART understand that any loss of life is tragic.  That's why we are committed to a full and independent investigation into what occurred when one of our officers responded to reports of multiple shots being fired and a fight between two men near the West Oakland BART Station.  What happened January 3, 2018 is the subject of both an Oakland Police Department investigation as well as an internal review by the BART Police Department.   The BART Police Department is fully cooperating with OPD.  Standard procedure calls for the results of the OPD investigation to be reviewed by the Alameda County District Attorney's Office.It's important to remember that any officer-involved shooting involving the BART Police Department is subject to additional reviews thanks to the reforms BART has implemented in recent years.  BART's Independent Police Auditor responded to the scene of the incident and is monitoring the BART PD investigation.  Further, the BART Police Citizen Review Board is part of the BART Citizen Oversight Model and is able to advise the BART Board, General Manager, and Police Chief.  The Citizen Review Board can also participate in recommending disciplinary action if it is deemed appropriate.Once the multiple investigations into this incident are complete, BART is committed to releasing all relevant information related to what happened including video from the involved officer's body-worn camera.

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