Alameda County District Attorney Nancy O'Malley announced Monday that her office will not file any charges against former BART Police Officer Anthony Pirone for his role in events leading up to the killing of Oscar Grant in 2009.
The DA's decision came three months after O'Malley's office announced the reopening of its investigation into the case.
"My heart hurts on today, because 12 years I've been crying out for justice for my son," said Rev. Wanda Johnson, Grant's mother, in a press conference Monday. "Let the district attorney do what is right and charge him for the acts that he committed that led up to my son's death."
The 22-year-old Grant was shot in the back as he lay face-down by former BART Police Officer Johannes Mehserle at Oakland's Fruitvale Station in the early morning hours of New Year's Day, 2009. Mehserle was convicted of involuntary manslaughter in 2010, after claiming he had meant to reach for a Taser instead of his firearm — a claim investigators disputed in a 94-page report released in May 2019 under terms of Senate Bill 1421, California's police transparency law.
That report, completed by independent investigators hired by BART in July 2009, also laid much of the responsibility for the shooting on Pirone, saying that his aggression and use of a racist slur "started a cascade of events that ultimately led to the shooting."