There is mounting pressure for the Alameda County District Attorney to reverse her decision not to bring murder charges against an officer involved in the 2009 killing of Oscar Grant.
The BART Board is now calling for prosecution of former BART police officer Anthony Pirone.
According to BART Police, Pirone hauled Oscar Grant off a train at the Fruitvale station and used racial epithets as he pinned Grant's neck with his knee, before Grant was shot in the back by Officer Johannes Mehserle.
Mehserle was found guilty of involuntary manslaughter in 2010 and sentenced to two years in prison.
DA Nancy O’Malley announced last year that she was reopening the case into Pirone, but has since decided not to pursue charges.
Grant’s mother, Rev. Wanda Johnson, made a heartfelt plea to the board.
“I want you to think about your child saying that they can’t breathe, and then suddenly they’re shot.”
The board voted 6-3 in favor of a resolution to urge O’Malley to reconsider.
“What it does do is try to correct something that we didn’t do 12 years ago,” said Board President Mark Foley. “And this is really about accountability.
Remember, one of our employees killed one of our riders.”
Voting no was BART director Deborah Allen who said the board was overstepping its authority.
“We’re not experts in the law,” she said, adding that it is not up to the board to decide if the legal standard for prosecution has been met. “That is the role of the District Attorney, and we as a board should respect that decision however difficult that may be.”
The BART board’s resolution came after the Oakland City Council voted unanimously to call on DA O’Malley to prosecute Pirone.
The family of Oscar Grant may appeal O’Malley’s decision to the state attorney general.