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BART reaches $1.5 million settlement for Oscar Grant's daughter

BART reached an agreement with the mother of Oscar Grant's young daughter Tatiana late this afternoon. The settlement is for $1.5 million and stems from the $50 million lawsuit filed against the agency following the officer-involved shooting that took place on the Fruitvale BART Station platform early New Year's Day 2009.

"It's been a little over a year since we experienced the tragic death of Oscar Grant," BART Board President James Fang said. "No matter what anyone's opinion of the case may be, the sad fact remains this incident has left Tatiana without a father. The $1.5 million settlement will provide financial support for her.

"A federal judge oversaw the settlement proceedings and the structure of the settlement will still need to be approved by the court. While these proceedings have been taking place, we on the BART Board have been taking the actions needed to improve the BART Police Department to ensure our officers are better-trained and better-equipped to keep our customers safe."

"This settlement is critical in our efforts to move forward," BART Board Member Carole Ward Allen said.

Ward Allen chairs the BART Police Department Review Committee, which is guiding the implementation of the changes within the police department.

"We're working hard to make the Police Department the best it can be for our officers, our customers and our community."

Since the shooting, BART has made a number of significant changes including:

Working with the State Legislature to pass a bill (AB1586) on citizen oversight of the BART Police Department implemented – Monday, Jan. 25, the State Assembly passed AB1586 (67-0), it now heads to the State Senate.

More than tripling the number of training hours provided all officers, including increased training in crowd control, defensive tactics and Taser use.

Involving the public in BART's search for a new police chief.

Increasing police visibility in stations and on trains.

Requiring officers to report all use-of-force incidents, not just those deemed "significant," with each incident thoroughly reviewed by a newly established panel that determines the next appropriate steps of action.

Comments

 +   Like this comment
Posted by Gunslinger
a resident of Danville
on Jan 27, 2010 at 10:37 pm

Rylan Fuchs' mother should sue the state and the group home for their sons murder. Seriously.


 +   Like this comment
Posted by American
a resident of Danville
on Jan 28, 2010 at 1:52 pm

Glad that a civil settlement was reached. Clearly, the Bart officer was negligent, and a civil settlement is appropriate for the victim's child. However, it is ridiculous that a criminal prosecution is taking place. Obviously, there was no mens rea, no criminal intent, to shoot and kill him. It was simply a negligent, accident, that belongs solely in the civil justice system, not the criminal justice system. The Alameda D.A.'s office needs to get a backbone, and not give in to the mob mentality that is wrongly playing the race card. This was an accident, by a novice, inexperienced police officer. No more, no less.


 +   Like this comment
Posted by Longtime Resident
a resident of San Ramon
on Jan 29, 2010 at 3:51 am

Longtime Resident is a registered user.

Gunslinger, why should I (a taxpayer) pay a family of a drug dealer who got killed? I bet if he wasn't selling weed, he'd be alive today. Seriously.


 +   Like this comment
Posted by Alex
a resident of Blackhawk
on Jan 29, 2010 at 8:48 am

Who said the victim is a drugdealer? Do you have the fact to back this up?

I think the officer should get life sentence. Give me a break. He lost his mind, clearly. It's no different than when a citizen kills another over a traffic incident. People lose their minds in the heat of the moment, doesn't mean they don't get to spend the rest of their lives in jail at least.


 +   Like this comment
Posted by American
a resident of Danville
on Jan 29, 2010 at 9:21 am

Alex: American jurisprudence operates on the rule of law. The law says for a criminal murder prosecution, the DA must prove beyond a reasonable doubt that the defendant had the required mens rea, or criminal intent, to unlawfully kill the victim. There is absolutely no evidence that the defendant had any premediated intent to kill anyone. He simply panicked in a tense situation, and was negligent. Sad situation, but not a criminal prosecution. Only reason DA is charging is because of mob mentality of the race card. If the victim was white, there would be no criminal prosecution.


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