SAN FRANCISCO, Calif. (KRON) – 12-years after he was killed at the hands of law enforcement, the family of Oscar Grant received a devastating blow – in their fight for justice.
“My heart hurts on today because 12 years I’ve been crying out for justice for my son,” Oscar Grant’s mother Wanda Johnson said.
The case was re-opened back in October, at the request of the Grant family, to see if charges could be filed against Pirone for his actions.
But the help of a task force, Alameda County District Attorney Nancy O’Malley says she looked at every avenue, before finally making a decision.
“Pirone did not commit the murder, or the act that caused the death of Mr. Grant. Johannes Mehserle pulled the trigger and that act directly caused Mr. Grant’s death,” O’Malley said.
Grant, who was unarmed, was shot and killed by former BART officer Johannes Mehserle at the Fruitvale BART Station on New Year’s Day in 2009.
In the infamous video, Pirone is seen on top of Grant with his knee in his neck, as on the platform.
In a 15-page report, O’Malley said Pirone’s” actions were offensive, and unacceptable, but said an autopsy showed no other physical damage, from Pirone’s actions.
However, the Grant family disagrees.
“And as our legal team has pointed out to us there was 7 felonies committed by Tony Pirone before Oscar was murdered,” said Oscar Grant’s uncle Cephus Johnson.
“My son’s head was smashed against the wall, and he was kicked and he was punched, and the officer Pirone still walks around free.”
Prione was fired by BARD and testified in the manslaughter trial of Johannes Mehserle.
A jury convicted him for killing Grant.
Oscar’s mom, Wanda Johnson doesn’t understand how Pirone isn’t responsible, but she vows not to give up the fight.
“I’m not asking for a hard thing. All I’m asking is to do what is right. And that is charge the officer for his actions that caused my son’s death.”
The family will meet with “O’Malley” again to discuss the case at a later date.
O’Malley” did discuss if Pirone could have been charged with a misdemeanor under the color of law but says she’s not sure if the evidence would have supported it. And it also would have limited Pirone from being a witness against Mehserle.
Tuesday morning, the family, along with BART board members, and Oakland City leaders will hold a news conference calling for charges against Pirone.
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