Five days have passed since a BART police officer shot and killed an unarmed rider on a station platform, but the officer has not given a statement to investigators about what happened and the transit agency has apparently not forced him to do so.
The delay comes as witnesses emerge with their accounts of what happened, some with video footage of the incident recorded on cellular phones. The hold-up is one reason why BART officials - even in the face of public outcry - have said little publicly about the shooting, including whether they believe it was justified.
BART has not released the officer's name, but The Chronicle has learned that the officer is two-year BART police veteran Johannes Mehserle, who turned 27 on Monday and whose first child was born within a day or two of the shooting - an event that may be a contributing factor to why Mehserle has not yet explained the shooting to investigators.
Mehserle could not be reached for comment on Monday.
Officials have only said that Mehserle's gun discharged, killing 22-year-old Oscar Grant of Hayward. He had been detained and forced to lie chest down on the ground at Oakland's Fruitvale Station after 2 a.m. in the chaotic aftermath of a fight on BART on New Year's Day. BART has promised a thorough probe, and Alameda County prosecutors are investigating as well, as is standard in officer-involved shootings.
But the delay is troubling to John Burris, the Oakland attorney who is representing Grant's family and who plans to file a $25 million damage claim today against the transit agency, a legal precursor to a civil lawsuit. Burris is also calling for the officer to be charged criminally.
Burris, who has represented clients in more than a dozen officer-involved shootings, said he had never seen such a long delay before an officer makes a statement to investigators. He said it raises the possibility that the statement could be affected by the video footage and by loss of memory, among other things.
"It's pretty shocking to me," Burris said. "When you delay like this, it raises questions about the integrity of the investigation. It raises the question, 'What has BART been doing?' You want to prevent collusion. You want to prevent people from tailoring their statements to the evidence."