KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings
DA Won't File Charges Against BART Officer in Fatal West Oakland Shooting
Family, Protesters Want BART Officer in Fatal Shooting Taken Off Duty and Prosecuted
BART Releases Body-Cam Video of Fatal West Oakland Police Shooting
Mother of Man Killed by BART Officer Demands Criminal Charges
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"slug": "kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings",
"title": "KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings",
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"content": "\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California’s \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, “BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.[aside postID=\"news_11854829,news_11823616,news_11717416\" label=\"Oscar Grant\" heroLink=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\"]\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don’t know … they will not tell us unless they’re forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O’Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.[aside postID=\"news_11744106,news_11734848,news_11840500\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>“Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,” Trost said, noting that work can be labor intensive. “However, we are committed to finding a solution and hope to report progress on this front soon.”\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>[documentcloud url=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" responsive=true text=false]\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED’s Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.",
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"title": "KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California’s \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, “BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don’t know … they will not tell us unless they’re forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O’Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>“Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,” Trost said, noting that work can be labor intensive. “However, we are committed to finding a solution and hope to report progress on this front soon.”\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED’s Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "da-wont-pursue-charges-against-bart-officer-in-fatal-west-oakland-shooting",
"title": "DA Won't File Charges Against BART Officer in Fatal West Oakland Shooting",
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"headTitle": "DA Won’t File Charges Against BART Officer in Fatal West Oakland Shooting | KQED",
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"content": "\u003cp>The Alameda County District Attorney’s Office announced Tuesday it will not pursue criminal charges against a BART officer who shot and killed 28-year-old Sahleem Tindle near the West Oakland BART station in January.\u003c/p>\n\u003cp>The fatal confrontation occurred when Officer Joseph Mateu intervened in an altercation outside the station during which Tindle had shot another man.\u003c/p>\n\u003cp>In a letter to BART Police Chief Carlos Rojas, District Attorney Nancy O’Malley said she had reviewed report findings conducted by her office and agreed “that the evidence does not justify criminal charges” against Mateu. \u003c/p>\n\u003cp>In February, \u003ca href=\"https://www.kqed.org/news/11651433/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting\" rel=\"noopener\" target=\"_blank\">BART released body camera video\u003c/a> of the Jan. 3 incident.\u003c/p>\n\u003cp>The video depicts Mateu, responding to apparent gunshots and panicked BART patrons, dashing from the station to the corner of Seventh and Chester streets, where two men were struggling over a gun on the sidewalk. Mateu issued a radio call of “shots fired” and shouted repeatedly for both men to show their hands. Neither man obeyed, and Mateu opened fire on Tindle, hitting him three times from an apparent distance of less than 10 feet.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>BART police said at the time that Mateu opened fire after he saw a pistol in Tindle’s hands. \u003c/p>\n\u003cp>The district attorney’s \u003ca href=\"https://assets.documentcloud.org/documents/5018173/Final-Tindle-OIS-10-23-18-Cover.pdf\" rel=\"noopener\" target=\"_blank\">47-page report\u003c/a> recounts that version of events but says Mateu opened fire after losing sight of the gun. Fearing that Tindle had gained possession of the weapon and could be about to shoot the other man on the sidewalk or turn the weapon on Mateu himself, the officer “fired three rapid shots into Mr. Tindle’s back.”\u003c/p>\n\u003cp>“Officer Mateu said that, after he fired the shots, he saw the gun fall out of Mr. Tindle’s right hand and the magazine fall out of the gun,” the report says. “Mr. Tindle fell to the ground. Once on the ground, Mr. Tindle raised his hands up,” as did the other man.\u003c/p>\n\u003cp>The report concludes: “The analysis of this investigation includes consideration of whether it was reasonable for Officer Mateu to act when he did, rather than waiting to see if Mr. Tindle would eventually comply with the officer’s commands, drop the gun, and show both of his hands. The incident developed rapidly. Once Officer Mateu realized that a shooting had already taken place, it was not unreasonable for him to believe that further shooting could be imminent. This required Officer Mateu to make rapid decisions in a dangerous situation.”\u003c/p>\n\u003cp>[youtube https://www.youtube.com/watch?v=tKLikYUloXc&w=800&h=450]\u003c/p>\n\u003cp>The district attorney’s report also includes summaries of interviews with witnesses to the incident. Several of them suggested that the fight that led to the fatal shooting may have started with a dispute over a pair of athletic shoes.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11649337/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video\" rel=\"noopener\" target=\"_blank\">legal claim filed Feb. 13\u003c/a> against BART by the mother and two young children of Sahleem Tindle acknowledged that he had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim said Tindle had been struggling with the other man and had been disarmed by the time Mateu arrived on the scene. The claim cited the video from Mateu’s body camera.\u003c/p>\n\u003cp>John Burris, an attorney who represents the Tindle family, said in an interview Tuesday that there was no conclusive proof the shooting was justified.\u003c/p>\n\u003cp>“It seems to me the officer was clearly negligent in his having shot this particular person without having evidence that he in fact was in fact committing a crime,” Burris said.\u003c/p>\n\u003cp>“There were two people struggling over a gun it looks like,” Burris said. “You couldn’t tell who had possession. But at the time the shooting took place commands had been given and it appears that [Mr. Tindle] was trying to comply. The officer interpreted his effort at complying with an act that suggests he was about to do something differently.”\u003c/p>\n\u003cp>Burris also said he was not surprised by the decision of the DA’s office.\u003c/p>\n\u003cp>“On balance I’m not surprised at the decision,” Burris said. “I thought the DA worked very, very hard to support the police officer’s position, unjustifiably so. There should be criminal prosecution here if nothing else for negligence.”\u003c/p>\n\u003cp>Burris said Tuesday the civil case is currently in federal court and “we’re moving forward.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting by KQED’s Peter Jon Shuler.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Alameda County District Attorney’s Office announced Tuesday it will not pursue criminal charges against a BART officer who shot and killed 28-year-old Sahleem Tindle near the West Oakland BART station in January.\u003c/p>\n\u003cp>The fatal confrontation occurred when Officer Joseph Mateu intervened in an altercation outside the station during which Tindle had shot another man.\u003c/p>\n\u003cp>In a letter to BART Police Chief Carlos Rojas, District Attorney Nancy O’Malley said she had reviewed report findings conducted by her office and agreed “that the evidence does not justify criminal charges” against Mateu. \u003c/p>\n\u003cp>In February, \u003ca href=\"https://www.kqed.org/news/11651433/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting\" rel=\"noopener\" target=\"_blank\">BART released body camera video\u003c/a> of the Jan. 3 incident.\u003c/p>\n\u003cp>The video depicts Mateu, responding to apparent gunshots and panicked BART patrons, dashing from the station to the corner of Seventh and Chester streets, where two men were struggling over a gun on the sidewalk. Mateu issued a radio call of “shots fired” and shouted repeatedly for both men to show their hands. Neither man obeyed, and Mateu opened fire on Tindle, hitting him three times from an apparent distance of less than 10 feet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>BART police said at the time that Mateu opened fire after he saw a pistol in Tindle’s hands. \u003c/p>\n\u003cp>The district attorney’s \u003ca href=\"https://assets.documentcloud.org/documents/5018173/Final-Tindle-OIS-10-23-18-Cover.pdf\" rel=\"noopener\" target=\"_blank\">47-page report\u003c/a> recounts that version of events but says Mateu opened fire after losing sight of the gun. Fearing that Tindle had gained possession of the weapon and could be about to shoot the other man on the sidewalk or turn the weapon on Mateu himself, the officer “fired three rapid shots into Mr. Tindle’s back.”\u003c/p>\n\u003cp>“Officer Mateu said that, after he fired the shots, he saw the gun fall out of Mr. Tindle’s right hand and the magazine fall out of the gun,” the report says. “Mr. Tindle fell to the ground. Once on the ground, Mr. Tindle raised his hands up,” as did the other man.\u003c/p>\n\u003cp>The report concludes: “The analysis of this investigation includes consideration of whether it was reasonable for Officer Mateu to act when he did, rather than waiting to see if Mr. Tindle would eventually comply with the officer’s commands, drop the gun, and show both of his hands. The incident developed rapidly. Once Officer Mateu realized that a shooting had already taken place, it was not unreasonable for him to believe that further shooting could be imminent. This required Officer Mateu to make rapid decisions in a dangerous situation.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/tKLikYUloXc'\n title='//www.youtube.com/embed/tKLikYUloXc'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The district attorney’s report also includes summaries of interviews with witnesses to the incident. Several of them suggested that the fight that led to the fatal shooting may have started with a dispute over a pair of athletic shoes.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11649337/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video\" rel=\"noopener\" target=\"_blank\">legal claim filed Feb. 13\u003c/a> against BART by the mother and two young children of Sahleem Tindle acknowledged that he had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim said Tindle had been struggling with the other man and had been disarmed by the time Mateu arrived on the scene. The claim cited the video from Mateu’s body camera.\u003c/p>\n\u003cp>John Burris, an attorney who represents the Tindle family, said in an interview Tuesday that there was no conclusive proof the shooting was justified.\u003c/p>\n\u003cp>“It seems to me the officer was clearly negligent in his having shot this particular person without having evidence that he in fact was in fact committing a crime,” Burris said.\u003c/p>\n\u003cp>“There were two people struggling over a gun it looks like,” Burris said. “You couldn’t tell who had possession. But at the time the shooting took place commands had been given and it appears that [Mr. Tindle] was trying to comply. The officer interpreted his effort at complying with an act that suggests he was about to do something differently.”\u003c/p>\n\u003cp>Burris also said he was not surprised by the decision of the DA’s office.\u003c/p>\n\u003cp>“On balance I’m not surprised at the decision,” Burris said. “I thought the DA worked very, very hard to support the police officer’s position, unjustifiably so. There should be criminal prosecution here if nothing else for negligence.”\u003c/p>\n\u003cp>Burris said Tuesday the civil case is currently in federal court and “we’re moving forward.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting by KQED’s Peter Jon Shuler.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency’s board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu’s reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n[contextly_sidebar id=”Eg0WlUd0wSJdlVEQXO4SE0hJfT9CrR8t”]\u003cbr>\nTindle’s mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>“How do you put him back up there with families that are still riding — my children, my grandchildren are still riding BART,” Banks said during the public comment portion of the meeting. “That’s an insult.”\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn’t have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But a contingent of Tindle’s supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus “Bobby” Johnson, Grant’s uncle, warned that Tindle’s death and Mateu’s continued employment are stoking outrage.\u003c/p>\n\u003cp>“We gotta remember the smell of smoke,” Johnson said, invoking repeated protests in Oakland following Grant’s death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. “We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don’t like.”\u003c/p>\n\u003cp>“There’s a simple ask here — that the officer be taken off of post,” he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu’s prosecution.\u003c/p>\n\u003cp>“The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California’s history, a police officer was tried and convicted for murder,” she said, also invoking Grant’s death. “I’m here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.”\u003c/p>\n\u003cp>“Your role is to fire him,” she said. “The fact that he is on the streets of this community is shameful and you should be concerned.”\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu’s body-camera footage\u003c/a> to Tindle’s family.\u003c/p>\n\u003cp>BART police and Tindle’s family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle’s back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle’s family says he died defending his family — including his partner, her sister and his two young children — from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle’s two children, described him as a family man.\u003c/p>\n\u003cp>“I have a quiet rage,” Banks said. “He’s walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle’s mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency’s board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu’s reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nTindle’s mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>“How do you put him back up there with families that are still riding — my children, my grandchildren are still riding BART,” Banks said during the public comment portion of the meeting. “That’s an insult.”\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn’t have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But a contingent of Tindle’s supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus “Bobby” Johnson, Grant’s uncle, warned that Tindle’s death and Mateu’s continued employment are stoking outrage.\u003c/p>\n\u003cp>“We gotta remember the smell of smoke,” Johnson said, invoking repeated protests in Oakland following Grant’s death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. “We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don’t like.”\u003c/p>\n\u003cp>“There’s a simple ask here — that the officer be taken off of post,” he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu’s prosecution.\u003c/p>\n\u003cp>“The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California’s history, a police officer was tried and convicted for murder,” she said, also invoking Grant’s death. “I’m here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.”\u003c/p>\n\u003cp>“Your role is to fire him,” she said. “The fact that he is on the streets of this community is shameful and you should be concerned.”\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu’s body-camera footage\u003c/a> to Tindle’s family.\u003c/p>\n\u003cp>BART police and Tindle’s family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle’s back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle’s family says he died defending his family — including his partner, her sister and his two young children — from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle’s two children, described him as a family man.\u003c/p>\n\u003cp>“I have a quiet rage,” Banks said. “He’s walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle’s mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "BART Releases Body-Cam Video of Fatal West Oakland Police Shooting",
"title": "BART Releases Body-Cam Video of Fatal West Oakland Police Shooting",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cem>Updated 5:20 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>BART has released video (\u003ca href=\"#bartvideo\">below\u003c/a>) of a fatal officer-involved shooting that took place last month outside the West Oakland BART Station.\u003c/p>\n\u003cp>The video released Wednesday shows BART Police Officer Joseph Mateu responding to gunshots near the station on Jan. 3 and opening fire on two men involved in an altercation at the corner of Seventh and Chester streets.\u003c/p>\n\u003cp>After repeatedly shouting, \"Let me see you hands, both of you!\" at the struggling men, Mateu fires three shots from a distance that appears in the footage to be as little as 5 feet. Mateu yells, \"Let me see your hands!\" twice more as the two men sprawl on the sidewalk immediately after the shooting.\u003c/p>\n\u003cp>\"I’m just, I’m really really crushed by it. My heart is so broken,\" Yolanda Banks, the mother of the man who shot and killed, said in an interview earlier this month. \"Your life can be snuffed out in the blink of an eye.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Banks did not immediately respond to a request for comment Wednesday.\u003c/p>\n\u003cp>The shooting is the subject of a legal claim filed last week by the family of Sahleem Tindle, whom Mateu fatally wounded. The legal claim acknowledges that Tindle had been armed and had shot a second, unidentified man before Mateu ran to the scene.\u003c/p>\n\u003cp>“The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu’s arrival,” \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\" target=\"_blank\" rel=\"noopener\">the claim\u003c/a> says. \"Claimants allege that Officer Mateu never saw a weapon or any object in either man's possession.\"\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said at a press conference Wednesday that he wanted to \"dispel misinformation\" after portions of the video were \"surreptitiously recorded\" and posted to social media this week.\u003c/p>\n\u003cp>Those portions of video were recorded when members of Tindle's \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" rel=\"noopener\" target=\"_blank\">family were shown\u003c/a> the video at the Oakland Police Department on Feb. 7. They were published Tuesday evening after a week of demands by Tindle's family for the video's release.\u003c/p>\n\u003cp>\"He hears a couple gunshots, and within a minute, as everybody’s running into the station in a frenzy, he’s running into the gunfire,\" Rojas said. \"And what I call that is courage.\"\u003c/p>\n\u003cp>Rojas said he believes the video shows both men struggling for a gun as Mateu ran toward them.\u003c/p>\n\u003cp>\"Did the officer see this? I don’t know. That will come out as part of the criminal investigation,\" Rojas said. \"But I can tell you that this is what the video shows.\"\u003c/p>\n\u003cp>He said a later frame from the video shows the man wrestling with Tindle had nothing in his hands. After Mateu fired three shots into Tindle's back, a handgun can be seen on the ground, near both men.\u003c/p>\n\u003cp>The video includes three still images apparently meant to demonstrate the presence of a gun at the scene. In the first of those images, three seconds before Mateu opens fire, no gun is obvious. A handgun is plainly visible in images immediately after Mateu opens fire.\u003c/p>\n\u003cfigure id=\"attachment_11651464\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM.png\">\u003cimg class=\"wp-image-11651464 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-800x466.png\" alt=\"\" width=\"800\" height=\"466\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-800x466.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-160x93.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1020x595.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1920x1119.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1180x688.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-960x560.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-240x140.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-375x219.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-520x303.png 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Still image created by BART showing two men struggling -- with apparent gun circled -- before a transit agency police officer opened fire Jan. 3. \u003ccite>(BART)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I know there’s a gun on the ground,\" civil rights attorney John Burris said after Wednesday's video release. \"I saw that. The issue is, when the officer was coming up, did he see a gun in either one of the man’s hands at the time he shot him. And that I could not see on the video.\"\u003c/p>\n\u003cp>Burris represents Tindle's family in their legal claim against BART.\u003c/p>\n\u003cp>He added that the video doesn't make clear why Mateu chose to shoot Tindle.\u003c/p>\n\u003cp>\"It was purely guesswork from the officer’s point of view and arbitrary, and that has not changed given what I saw at the beginning,\" Burris said. \"The issue is what the officer saw at the time he fired the shot.\"\u003c/p>\n\u003cp>The shooting is being investigated by the Oakland Police Department and Alameda County District Attorney's Office, and is the subject of an internal investigation by BART police and a review by the Office of the Independent Police Auditor for BART.\u003c/p>\n\u003cp>The Oakland Police Department did not respond to questions posed about BART's decision to release the video.\u003c/p>\n\u003cp>\"I’m not here to criticize the Oakland Police Department in terms of what the method to their madness is in releasing body-worn camera footage,\" Rojas said, but he added that the video is just one piece of evidence that can be taken out of context. \"it does present problems when we're trying to protect the integrity of an investigation.\"\u003c/p>\n\u003cp>Rojas said questions of whether his department would more quickly release body-camera footage in future cases was one for BART policymakers.\u003c/p>\n\u003cp>But Burris said he is glad that the full version of the video was made public.\u003c/p>\n\u003cp>\"It seemed that public pressure served a useful purpose here,\" Burris said. \"Public pressure by the family demanding that it be shown and releasing a portion of it caused the department to be more transparent than they would have been.\"\u003c/p>\n\u003cp>\"BART should have released it from the very beginning,\" he added.\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/tKLikYUloXc\" frameborder=\"0\" allow=\"autoplay; encrypted-media\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"excerpt": "Agency releases video in wake of legal claim by family of man killed in Jan. 3 incident. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5:20 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>BART has released video (\u003ca href=\"#bartvideo\">below\u003c/a>) of a fatal officer-involved shooting that took place last month outside the West Oakland BART Station.\u003c/p>\n\u003cp>The video released Wednesday shows BART Police Officer Joseph Mateu responding to gunshots near the station on Jan. 3 and opening fire on two men involved in an altercation at the corner of Seventh and Chester streets.\u003c/p>\n\u003cp>After repeatedly shouting, \"Let me see you hands, both of you!\" at the struggling men, Mateu fires three shots from a distance that appears in the footage to be as little as 5 feet. Mateu yells, \"Let me see your hands!\" twice more as the two men sprawl on the sidewalk immediately after the shooting.\u003c/p>\n\u003cp>\"I’m just, I’m really really crushed by it. My heart is so broken,\" Yolanda Banks, the mother of the man who shot and killed, said in an interview earlier this month. \"Your life can be snuffed out in the blink of an eye.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Banks did not immediately respond to a request for comment Wednesday.\u003c/p>\n\u003cp>The shooting is the subject of a legal claim filed last week by the family of Sahleem Tindle, whom Mateu fatally wounded. The legal claim acknowledges that Tindle had been armed and had shot a second, unidentified man before Mateu ran to the scene.\u003c/p>\n\u003cp>“The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu’s arrival,” \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\" target=\"_blank\" rel=\"noopener\">the claim\u003c/a> says. \"Claimants allege that Officer Mateu never saw a weapon or any object in either man's possession.\"\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said at a press conference Wednesday that he wanted to \"dispel misinformation\" after portions of the video were \"surreptitiously recorded\" and posted to social media this week.\u003c/p>\n\u003cp>Those portions of video were recorded when members of Tindle's \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" rel=\"noopener\" target=\"_blank\">family were shown\u003c/a> the video at the Oakland Police Department on Feb. 7. They were published Tuesday evening after a week of demands by Tindle's family for the video's release.\u003c/p>\n\u003cp>\"He hears a couple gunshots, and within a minute, as everybody’s running into the station in a frenzy, he’s running into the gunfire,\" Rojas said. \"And what I call that is courage.\"\u003c/p>\n\u003cp>Rojas said he believes the video shows both men struggling for a gun as Mateu ran toward them.\u003c/p>\n\u003cp>\"Did the officer see this? I don’t know. That will come out as part of the criminal investigation,\" Rojas said. \"But I can tell you that this is what the video shows.\"\u003c/p>\n\u003cp>He said a later frame from the video shows the man wrestling with Tindle had nothing in his hands. After Mateu fired three shots into Tindle's back, a handgun can be seen on the ground, near both men.\u003c/p>\n\u003cp>The video includes three still images apparently meant to demonstrate the presence of a gun at the scene. In the first of those images, three seconds before Mateu opens fire, no gun is obvious. A handgun is plainly visible in images immediately after Mateu opens fire.\u003c/p>\n\u003cfigure id=\"attachment_11651464\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM.png\">\u003cimg class=\"wp-image-11651464 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-800x466.png\" alt=\"\" width=\"800\" height=\"466\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-800x466.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-160x93.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1020x595.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1920x1119.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-1180x688.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-960x560.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-240x140.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-375x219.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Screen-Shot-2018-02-21-at-3.59.29-PM-520x303.png 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Still image created by BART showing two men struggling -- with apparent gun circled -- before a transit agency police officer opened fire Jan. 3. \u003ccite>(BART)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I know there’s a gun on the ground,\" civil rights attorney John Burris said after Wednesday's video release. \"I saw that. The issue is, when the officer was coming up, did he see a gun in either one of the man’s hands at the time he shot him. And that I could not see on the video.\"\u003c/p>\n\u003cp>Burris represents Tindle's family in their legal claim against BART.\u003c/p>\n\u003cp>He added that the video doesn't make clear why Mateu chose to shoot Tindle.\u003c/p>\n\u003cp>\"It was purely guesswork from the officer’s point of view and arbitrary, and that has not changed given what I saw at the beginning,\" Burris said. \"The issue is what the officer saw at the time he fired the shot.\"\u003c/p>\n\u003cp>The shooting is being investigated by the Oakland Police Department and Alameda County District Attorney's Office, and is the subject of an internal investigation by BART police and a review by the Office of the Independent Police Auditor for BART.\u003c/p>\n\u003cp>The Oakland Police Department did not respond to questions posed about BART's decision to release the video.\u003c/p>\n\u003cp>\"I’m not here to criticize the Oakland Police Department in terms of what the method to their madness is in releasing body-worn camera footage,\" Rojas said, but he added that the video is just one piece of evidence that can be taken out of context. \"it does present problems when we're trying to protect the integrity of an investigation.\"\u003c/p>\n\u003cp>Rojas said questions of whether his department would more quickly release body-camera footage in future cases was one for BART policymakers.\u003c/p>\n\u003cp>But Burris said he is glad that the full version of the video was made public.\u003c/p>\n\u003cp>\"It seemed that public pressure served a useful purpose here,\" Burris said. \"Public pressure by the family demanding that it be shown and releasing a portion of it caused the department to be more transparent than they would have been.\"\u003c/p>\n\u003cp>\"BART should have released it from the very beginning,\" he added.\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/tKLikYUloXc\" frameborder=\"0\" allow=\"autoplay; encrypted-media\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mother of Man Killed by BART Officer Demands Criminal Charges",
"title": "Mother of Man Killed by BART Officer Demands Criminal Charges",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003cstrong>Update 5:45 p.m. Tuesday:\u003c/strong> A legal claim filed Tuesday against BART by the mother and two young children of a man killed by a transit police officer in January acknowledges that Sahleem Tindle had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim, generally seen as a precursor to a federal lawsuit, says Tindle had been struggling with the other man and had been disarmed by the time BART Police Officer Joseph Mateu arrived on the scene. The claim cites video from Mateu's body camera.\u003c/p>\n\u003cp>\"The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu's arrival,\" the claim says.\u003c/p>\n\u003cfigure id=\"attachment_11649960\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg\" alt=\"Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3.\" width=\"800\" height=\"656\" class=\"size-medium wp-image-11649960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1020x836.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1180x967.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-960x787.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-240x197.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-520x426.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says Mateu was writing a citation late in the afternoon on Jan. 3 when he heard two gunshots and ran toward the sound. He came upon two men wrestling across the street from West Oakland station.\u003c/p>\n\u003cp>Mateu twice shouted at the men to show their hands, according to the claim, and they started to back away from each other.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"As Mr. Tindle began to stand, making no sudden movement, Officer Mateu fired three gunshots at Mr. Tindle's back,\" the claim says.\u003c/p>\n\u003cp>\"Regardless of what happened before, at the time he shot and killed this young man, he did not have sufficient evidence to justify it,\" civil rights attorney John Burris said. \"It should be prosecuted. As to what level of prosecution it is, that’s for the DA, but I certainly would start with murder.\"\u003c/p>\n\u003cp>Burris, along with several members of Tindle's family, said initial descriptions of the shooting by the Oakland Police Department -- which is leading a criminal investigation -- indicated Tindle was armed and threatening the officer when he was shot. They want Mateu's body camera video to be publicly released.\u003c/p>\n\u003cp>\"It’s disturbing, no doubt about it – seeing a young man shot and killed,\" Burris said. \"But on the other hand, you’ve been told that he was killed because he was pointing a gun at someone. That didn’t happen, and so the only way to correct that narrative is to show the video.\"\u003c/p>\n\u003cp>Although Oakland police made the video available to Tindle's family and their attorney last week, the department declined KQED's formal request for a copy, citing an open investigation.\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said the video would be made public, but not likely any time soon.\u003c/p>\n\u003cp>\"Once the multiple investigations into this incident are complete, BART is committed to releasing all relevant information related to what happened including video from the involved officer’s body-worn camera,\" Rojas said in a written statement.\u003c/p>\n\u003cp>More than 200 people gathered in protest outside West Oakland station Tuesday calling for the video's release and prosecution of the officer.\u003c/p>\n\u003cp>\"Sahleem did not deserve to lose his life,\" Tindle's sister Nalia Watkins said. \"We want to see Officer Mateu charged.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, 3:40 p.m. Monday:\u003c/strong> The mother of a man fatally shot by a BART police officer near the West Oakland Station in January is calling on the transit agency and the Oakland Police Department to publicly release body-camera footage of the shooting, which she says shows her son was unarmed when he was shot three times in the back.\u003c/p>\n\u003cp>Yolanda Banks was allowed to watch video of the \u003ca href=\"https://www.eastbaytimes.com/2018/01/04/police-man-fatally-shot-in-west-oakland-by-bart-officer-had-gun/\" target=\"_blank\" rel=\"noopener\">Jan. 3 shooting\u003c/a> last week at Oakland police headquarters, along with other close relatives of her deceased son, 28-year-old Sahleem Tindle, and attorney John Burris.\u003c/p>\n\u003cp>Banks said the video contradicts OPD's initial statements about the shooting -- specifically that Tindle had a handgun as he struggled with another man, as yet unidentified, when BART Officer Joseph Mateu responded on foot to \"an active shooting taking place.\"\u003c/p>\n\u003cfigure id=\"attachment_11649598\" class=\"wp-caption alignright\" style=\"max-width: 677px\">\u003cimg class=\"size-full wp-image-11649598\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg\" alt=\"An undated photograph of Sahleem Tindle.\" width=\"677\" height=\"676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg 677w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-160x160.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-240x240.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-375x374.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-520x519.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-50x50.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-150x150.jpg 150w\" sizes=\"(max-width: 677px) 100vw, 677px\">\u003cfigcaption class=\"wp-caption-text\">An undated photograph of Sahleem Tindle. \u003ccite>(Via Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officer observed two males in a struggle with each other; one of the men possessed a handgun,\" a Jan. 4 Oakland Police Department statement on the shooting says. \"After several commands were given, the officer discharged his firearm striking the man who was in possession of the handgun; he later succumbed to his injuries. Investigators are attempting to clarify how the other man, who was listed in stable condition and has since been released from the hospital, sustained his injuries.\"\u003c/p>\n\u003cp>The other man was reportedly shot in the leg.\u003c/p>\n\u003cp>Both Banks and Burris said the body-camera footage never showed Tindle in possession of a gun.\u003c/p>\n\u003cp>Both BART and the Oakland Police Department declined to release a copy of the video to KQED, citing ongoing investigations into the shooting. An Oakland police spokeswoman said the Police Department will generally allow family members and their attorneys to watch body-camera videos that are not otherwise publicly released.\u003c/p>\n\u003cp>\"We saw it with our own eyes -- that is not what happened,\" Banks said of Mateu's body-camera video. She said the video began with the officer running out of West Oakland Station and across the street, where the two men were fighting.\u003c/p>\n\u003cp>\"He ran over with his gun drawn and he said, 'Stop fighting, stop fighting,' \" Banks said, adding that she did not hear the officer identify himself. \"My son, Sahleem Tindle, broke loose from the guy that he was fighting. He held up his hands. He was unarmed, and his back was turned to the police officer. And that police officer let out three rounds in his back.\"\u003c/p>\n\u003cp>Burris said the video should bolster a criminal investigation into the shooting. The Oakland Police Department and the Alameda County District Attorney's Office are charged with investigating the shooting for violations of criminal law.\u003c/p>\n\u003cp>\"I can certainly see that a person was shot in the back three times by an officer, and it doesn’t appear that he has a gun or was in the process of using deadly force against anyone, including the police officer, at the time,\" Burris said. \"A gun is found nearby both men, but who possessed it, we don't know yet. And we don't know if the officer saw something other than what can be seen in the video.\"\u003c/p>\n\u003cp>Banks, a longtime Bay Area artist, said Tindle often helped her set up for theatrical shows in San Francisco and was looking forward to starting a new job in Oakland. She said her son had two children -- an 8-year-old son and 2-year-old daughter.\u003c/p>\n\u003cfigure id=\"attachment_11649596\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11649596\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg\" alt=\"A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART Police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018. \u003ccite>(Courtesy of the Oakland Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Banks said the family plans to file a civil lawsuit.\u003c/p>\n\u003cp>\"He has two children that have to be taken care of,\" she said. \"He's no longer in their life.\"\u003c/p>\n\u003cp>Banks said she doesn't believe Tindle had a gun, and said she has no idea what started the late-afternoon fight that ended with her son being fatally shot.\u003c/p>\n\u003cp>\"I have seen many mothers lose their children and now the shoe is on the other foot,\" she said. \"I’m just, I’m really really crushed by it. My heart is so broken.\"\u003c/p>\n\u003cp>A spokesman for BART said Officer Mateu had returned to full duty as of last week, and an internal investigation into the shooting, as well as a review by the BART Office of the Independent Police Auditor, are ongoing.\u003c/p>\n\u003cp>Banks said she's planning a press conference and protest at the West Oakland Station for 10:30 a.m. Tuesday, where she will call for criminal charges against Mateu and for the body-camera video to be publicly released.\u003c/p>\n\u003cp>\"I would like for them to see it with their own eyes,\" she said, \"and then they can be the judge of it.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This report has been corrected. The original post contained a typo that made a quote from Yolanda Banks inaccurate. Banks said \"guy\" and not \"gun.\"\u003c/em>\u003c/p>\n\n",
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"excerpt": "The family of Sahleem Tindle, and their attorney, were allowed to view footage the Oakland Police Department and BART declined to otherwise make public. They say it shows an unarmed man being shot in the back.",
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"description": "The family of Sahleem Tindle, and their attorney, were allowed to view footage the Oakland Police Department and BART declined to otherwise make public. They say it shows an unarmed man being shot in the back.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 5:45 p.m. Tuesday:\u003c/strong> A legal claim filed Tuesday against BART by the mother and two young children of a man killed by a transit police officer in January acknowledges that Sahleem Tindle had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim, generally seen as a precursor to a federal lawsuit, says Tindle had been struggling with the other man and had been disarmed by the time BART Police Officer Joseph Mateu arrived on the scene. The claim cites video from Mateu's body camera.\u003c/p>\n\u003cp>\"The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu's arrival,\" the claim says.\u003c/p>\n\u003cfigure id=\"attachment_11649960\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg\" alt=\"Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3.\" width=\"800\" height=\"656\" class=\"size-medium wp-image-11649960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1020x836.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1180x967.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-960x787.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-240x197.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-520x426.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says Mateu was writing a citation late in the afternoon on Jan. 3 when he heard two gunshots and ran toward the sound. He came upon two men wrestling across the street from West Oakland station.\u003c/p>\n\u003cp>Mateu twice shouted at the men to show their hands, according to the claim, and they started to back away from each other.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"As Mr. Tindle began to stand, making no sudden movement, Officer Mateu fired three gunshots at Mr. Tindle's back,\" the claim says.\u003c/p>\n\u003cp>\"Regardless of what happened before, at the time he shot and killed this young man, he did not have sufficient evidence to justify it,\" civil rights attorney John Burris said. \"It should be prosecuted. As to what level of prosecution it is, that’s for the DA, but I certainly would start with murder.\"\u003c/p>\n\u003cp>Burris, along with several members of Tindle's family, said initial descriptions of the shooting by the Oakland Police Department -- which is leading a criminal investigation -- indicated Tindle was armed and threatening the officer when he was shot. They want Mateu's body camera video to be publicly released.\u003c/p>\n\u003cp>\"It’s disturbing, no doubt about it – seeing a young man shot and killed,\" Burris said. \"But on the other hand, you’ve been told that he was killed because he was pointing a gun at someone. That didn’t happen, and so the only way to correct that narrative is to show the video.\"\u003c/p>\n\u003cp>Although Oakland police made the video available to Tindle's family and their attorney last week, the department declined KQED's formal request for a copy, citing an open investigation.\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said the video would be made public, but not likely any time soon.\u003c/p>\n\u003cp>\"Once the multiple investigations into this incident are complete, BART is committed to releasing all relevant information related to what happened including video from the involved officer’s body-worn camera,\" Rojas said in a written statement.\u003c/p>\n\u003cp>More than 200 people gathered in protest outside West Oakland station Tuesday calling for the video's release and prosecution of the officer.\u003c/p>\n\u003cp>\"Sahleem did not deserve to lose his life,\" Tindle's sister Nalia Watkins said. \"We want to see Officer Mateu charged.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, 3:40 p.m. Monday:\u003c/strong> The mother of a man fatally shot by a BART police officer near the West Oakland Station in January is calling on the transit agency and the Oakland Police Department to publicly release body-camera footage of the shooting, which she says shows her son was unarmed when he was shot three times in the back.\u003c/p>\n\u003cp>Yolanda Banks was allowed to watch video of the \u003ca href=\"https://www.eastbaytimes.com/2018/01/04/police-man-fatally-shot-in-west-oakland-by-bart-officer-had-gun/\" target=\"_blank\" rel=\"noopener\">Jan. 3 shooting\u003c/a> last week at Oakland police headquarters, along with other close relatives of her deceased son, 28-year-old Sahleem Tindle, and attorney John Burris.\u003c/p>\n\u003cp>Banks said the video contradicts OPD's initial statements about the shooting -- specifically that Tindle had a handgun as he struggled with another man, as yet unidentified, when BART Officer Joseph Mateu responded on foot to \"an active shooting taking place.\"\u003c/p>\n\u003cfigure id=\"attachment_11649598\" class=\"wp-caption alignright\" style=\"max-width: 677px\">\u003cimg class=\"size-full wp-image-11649598\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg\" alt=\"An undated photograph of Sahleem Tindle.\" width=\"677\" height=\"676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg 677w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-160x160.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-240x240.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-375x374.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-520x519.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-50x50.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-150x150.jpg 150w\" sizes=\"(max-width: 677px) 100vw, 677px\">\u003cfigcaption class=\"wp-caption-text\">An undated photograph of Sahleem Tindle. \u003ccite>(Via Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officer observed two males in a struggle with each other; one of the men possessed a handgun,\" a Jan. 4 Oakland Police Department statement on the shooting says. \"After several commands were given, the officer discharged his firearm striking the man who was in possession of the handgun; he later succumbed to his injuries. Investigators are attempting to clarify how the other man, who was listed in stable condition and has since been released from the hospital, sustained his injuries.\"\u003c/p>\n\u003cp>The other man was reportedly shot in the leg.\u003c/p>\n\u003cp>Both Banks and Burris said the body-camera footage never showed Tindle in possession of a gun.\u003c/p>\n\u003cp>Both BART and the Oakland Police Department declined to release a copy of the video to KQED, citing ongoing investigations into the shooting. An Oakland police spokeswoman said the Police Department will generally allow family members and their attorneys to watch body-camera videos that are not otherwise publicly released.\u003c/p>\n\u003cp>\"We saw it with our own eyes -- that is not what happened,\" Banks said of Mateu's body-camera video. She said the video began with the officer running out of West Oakland Station and across the street, where the two men were fighting.\u003c/p>\n\u003cp>\"He ran over with his gun drawn and he said, 'Stop fighting, stop fighting,' \" Banks said, adding that she did not hear the officer identify himself. \"My son, Sahleem Tindle, broke loose from the guy that he was fighting. He held up his hands. He was unarmed, and his back was turned to the police officer. And that police officer let out three rounds in his back.\"\u003c/p>\n\u003cp>Burris said the video should bolster a criminal investigation into the shooting. The Oakland Police Department and the Alameda County District Attorney's Office are charged with investigating the shooting for violations of criminal law.\u003c/p>\n\u003cp>\"I can certainly see that a person was shot in the back three times by an officer, and it doesn’t appear that he has a gun or was in the process of using deadly force against anyone, including the police officer, at the time,\" Burris said. \"A gun is found nearby both men, but who possessed it, we don't know yet. And we don't know if the officer saw something other than what can be seen in the video.\"\u003c/p>\n\u003cp>Banks, a longtime Bay Area artist, said Tindle often helped her set up for theatrical shows in San Francisco and was looking forward to starting a new job in Oakland. She said her son had two children -- an 8-year-old son and 2-year-old daughter.\u003c/p>\n\u003cfigure id=\"attachment_11649596\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11649596\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg\" alt=\"A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART Police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018. \u003ccite>(Courtesy of the Oakland Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Banks said the family plans to file a civil lawsuit.\u003c/p>\n\u003cp>\"He has two children that have to be taken care of,\" she said. \"He's no longer in their life.\"\u003c/p>\n\u003cp>Banks said she doesn't believe Tindle had a gun, and said she has no idea what started the late-afternoon fight that ended with her son being fatally shot.\u003c/p>\n\u003cp>\"I have seen many mothers lose their children and now the shoe is on the other foot,\" she said. \"I’m just, I’m really really crushed by it. My heart is so broken.\"\u003c/p>\n\u003cp>A spokesman for BART said Officer Mateu had returned to full duty as of last week, and an internal investigation into the shooting, as well as a review by the BART Office of the Independent Police Auditor, are ongoing.\u003c/p>\n\u003cp>Banks said she's planning a press conference and protest at the West Oakland Station for 10:30 a.m. Tuesday, where she will call for criminal charges against Mateu and for the body-camera video to be publicly released.\u003c/p>\n\u003cp>\"I would like for them to see it with their own eyes,\" she said, \"and then they can be the judge of it.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
"id": "possible",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"radiolab": {
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"reveal": {
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},
"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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},
"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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