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Wrongful death lawsuit settled; BART to pay family of victim

Posted on in Wrongful Death

If you ask anyone who has lost a loved one, they will tell you that no amount of money will replace that individual. The mother of a young man who was killed by a BART police officer in 2009 would tell you the same thing.

Just recently, the wrongful death lawsuit she filed against the transit agency was settled and the young man's family was awarded a multi-million dollar settlement, in addition to a settlement awarded to the young man's daughter last year. But even though a settlement was reached, the transit agency has not admitted to any type of liability in the situation.

The incident occurred on the first of the year. Though details are sparse in this article, it appears that the BART police officer, who has since then been relieved of his duties, responded to a fight on a BART train that had been reported. The young man had been there and the officer attempted to Taser the young man.

However instead of grabbing his Taser, the officer instead grabbed his service gun and shot the young man; the young man did not survive the gunshot wound. Charged with murder, the officer testified at trial that his act of grabbing his gun was a mistake. He was convicted of a lesser charge and sentenced to two years in prison.

Aside from the financial compensation that the young man's family received, this fatal incident shed light on some of the training that BART police officers undergo. A spokesperson for BART commented that action has been taken to ensure that this type of incident does not happen again.

Source: CBS News online, "BART reaches $1.3 Million settlement with Oscar Grant's mother," Camille Mann, 29 June 2011

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