EXCLUSIVE: BART Cop Involved In Grant Shooting Fired

One of the BART police officers involved in the New Year's Day shooting last year that ended in the death of Oscar Grant has been fired, according to sources familiar with the case.

The officer, Marysol Domenici, was one of the first two BART police officers to respond to the call of a fight on board a BART train at the Fruitvale station early New Year's Day 2009. Her partner was Tony Pirone, the officer Grant's family and their attorney blamed for escalating the situation that led to the shooting by fellow officer Johannes Mehserle, now charged with the Grant's murder.

A BART spokesman confirmed on Thursday that Domenici was no longer employed by the BART Police Department as of Wednesday. Sources told KTVU that Domenici was fired after an administrative hearing.

KTVU also learned that the acting BART police chief notified officers in an email Wednesday night about Domenici's dismissal.

Thursday evening, Domenici's attorney said the firing was a political decision and that her client is a scapegoat to satisfy the public. She told KTVU she would appeal the firing.

As KTVU first reported last year, an internal investigation of the shooting conducted by Meyers Nave recommended that BART fire both Domenici and Pirone. But it has taken this long for that to happen. KTVU also learned that the administrative hearings for both Domenici and Pirone were held separately with Domenici's coming first.

Domenici's lawyer called the Meyers Nave report a hit piece with no factual basis. A spokesperson for Meyers Nave had a different point of view.

"I can't comment on any of the particular findings," said Meyers Nave representative Kim Colwell during a phone interview with KTVU. "I will tell you though that she's wrong. That the report we did was comprehensive, it was thorough, it was thoughtful."

Domenici is a black belt in karate and a training instructor for the BART police department. Sources had previously said that if Domenici was fired, it was highly likely that Pirone's firing will soon follow.

Both officers have been on administrative leave since the day of the killing, drawing their salary but not working. In a response from BART to a KTVU freedom of information request in January, it was revealed that Pirone made more than $100,000 last year while Domenici made over $95,000.

Legal experts said the firing is not likely to have much effect in the murder trial of Johannes Mehserle taking place in Los Angeles as his attorney is expected to ask the judge to keep that information from jurors.