OAKLAND, Calif. -- The attorney for Oscar Grant III's family said Friday that he's "not surprised" that a judge moved the murder trial of former BART police Officer Johannes Mehserle away from Alameda County.

A few minutes after Alameda County Superior Court Judge Morris Jacobson's ruling was issued, attorney John Burris said Jacobson had to "balance the interest of Mehserle in getting a fair trial."

Speaking to reporters outside Jacobson's courtroom, Burris said, "The court was impressed by the political nature of the unrest and the substantial media attention the case has received."

Mehserle, 27, who is free on $3 million bail, is charged with murder for the shooting death of Grant, a 22-year-old Hayward man who was unarmed, at the Fruitvale station in Oakland early New Year's Day after he and other officers were called to the station in response to reports of a fight on a train.

Mehserle's lawyer, Michael Rains, has said that the shooting was an accident because Mehserle meant to use his Taser and fired his gun instead, but the judge at Mehserle's preliminary hearing said he thinks there's no doubt that Mehserle fired his gun intentionally.

Burris said he spoke to Grant's mother, Wanda Johnson, by phone immediately after the ruling and she was "disappointed" by Jacobson's ruling but wasn't surprised.

Burris, who is representing Grant's family in a $50 million civil rights suit against BART, Mehserle and other officers, said, "The family's position has always been that they prefer that the trial stay in Alameda County."

Burris said the family now wants to make sure that Mehserle's trial, which was scheduled to begin Nov. 2, is moved to a county that has a large percentage of black residents, as is the case in Alameda County.

In his change of venue motion, Rains said race is a major factor in the case because Mehserle is white and Grant was black.

Burris said possible locations where the trial could be moved because they have large black locations are Sacramento, Fresno, Los Angeles and San Diego counties.

Burris said he thinks the trial most likely will be moved away from the entire nine-county Bay Area.

Oakland Mayor Ron Dellums called for peace in the city following the ruling to move the trial outside of Alameda County.

"My fervent plea is that this decision does not cause chaos and upheaval in our city. It is important that we go forward in a spirit of peace and dignity," Dellums said in a prepared statement. "Let us unite as one community working to address these issues."

Alameda County District Attorney Nancy O'Malley issued a statement saying she can't comment on Jacobson's ruling because the judge issued a gag order back on Feb. 18.

O'Malley said only that, "There is an established process for the court to follow once issuing an order that changes venue of a criminal case."

Burris said he doesn't think the district attorney's office can appeal Jacobson's ruling and even if it were possible such a bid would be unlikely to succeed.