BART officer shoots unarmed man in back. DA calls it “pretty clear” homicide

oscar grant video

On New Years Day, Johannes Mehserle, a Bay Area Rapid Transit officer, shot and killed an unarmed Oscar Grant in the back after a New Years Night altercation on a train.

The above report from KTVU in Oakland, shows footage from a video taken by an anonymous passenger and given to the the lawyer for Grant’s family (who has filed a $25 million wrongful death suit) is clear. Grant was shot in the back while lying on the ground

KTVU has more video.

The officer has resigned, has received death threats and currently is under protection and being moved from location to location for his safety.

Let’s cut to the chase. Emphasis added.

District Attorney Tom Orloff told CNN on Wednesday the incident is a “pretty clear” homicide and his office will focus primarily on Mehserle’s mental state prior to the shooting.

More from CNN

Some of the young men were handcuffed, but not 22-year-old Oscar Grant. The video from the anonymous passenger shows Grant seated on the floor with his back against the wall. iReport.com: BART protests turn violent

Grant holds up his hands, appearing to plead with police. Burris said Tuesday that Grant was asking police not to use a Taser.

“He said to them, ‘Don’t Tase me; I have a 4-year-old daughter,’ ” Burris said.

The interaction on the video is not audible.

Seconds later, police put Grant face-down on the ground. Grant appears to struggle. One of the officers kneels on Grant as another officer stands, tugs at his gun, unholsters it and fires a shot into Grant’s back.

Oakland exploded in protest last night, at least one car was burned and shop windows were broken.