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Volume 6
Issue 47
February 3 - 9, 2010

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BART agrees to settlement payment over shooting

By Terry Collins,
The Associated Press

BART officials announced they have reached a $1.5 million settlement with the young daughter of an unarmed man who was fatally shot last year by a transit officer.

The agreement was reached Wednesday between the Bay Area Rapid Transit agency and Oscar Grant’s fiancee, Sophina Mesa, who is raising their 5-year-old daughter, Tatiana. It settles part of a $50 million wrongful death lawsuit against the agency and several employees, including former BART officer Johannes Mehserle, who is charged in Oscar Grant’s death.

A judge still has to approve the deal.

Grant family attorney John Burris said that under the agreement, Tatiana will receive an annual allowance to be overseen by her mother and will get access to larger sums once she turns 18. He estimates the payout, including interest over 20 years, will be between $4 million and $5 million.

“You can’t even begin to calculate in money the loss of the child’s father,” Burris said. “It was part of our motivation to at least financially secure her future.”

Mehserle, 28, faces murder charges in the death of Grant, 22, on an Oakland train platform New Year’s Day 2009 after Grant and his friends were pulled off a train for allegedly fighting.

The shooting was video-recorded by several bystanders and widely viewed on the Internet. It sparked violent protests and was used as evidence in a preliminary hearing last spring.

Mehserle has pleaded not guilty. His attorney, Michael Rains, has said Mehserle meant to use his stun gun on Grant but accidentally fired his handgun while Grant was lying face down on the station platform.

Dale Allen, an attorney representing BART, said Wednesday’s settlement comes after two unsuccessful mediation sessions and helps brings some closure to two of Grant’s family members.

Burris said Grant’s mother, Wanda Johnson, who is also a plaintiff in the $50 million lawsuit, has not settled. He expects the suit will be heard in front of a jury.

“We have a very strong case, and I’m not worried that the damages will be any less for Ms. Johnson,” Burris said. “The loss she has suffered is immeasurable.”

The wrongful death suit also names former police chief Gary Gee, officers Tony Pirone and Marysol Domenici, and BART general manager Dorothy Dugger.

Five of Grant’s friends have also filed a civil-rights lawsuit against BART claiming transit officers detained them for several hours before and after Grant's killing.

Allen said the agency will “vigorously fight those claims based on their contributing actions to the tragic accident.”

A judge moved Mehserle’s trial to Los Angeles because of safety concerns and pretrial publicity. Mehserle’s next court date is Feb. 19.