OAKLAND, Calif. - No charges will be filed against a second BART police officer in connection with the 2009 shooting death of Oscar Grant by one of the officer's colleagues, authorities said Monday.
A new review of the case led by a team of prosecutors concluded that former Officer Anthony Pirone cannot be charged with any crimes, said Alameda County District Attorney Nancy O'Malley
"We condemn Pirone's conduct, but we cannot charge him with murder or any other crime," O'Malley said.
Grant's family met privately with the DA and then expressed their frustration afterward, saying this was justice delayed - and denied. But they say they haven't given up.
"My heart hurts today, because for 12 years I've been crying out for justice for my son," said Wanda Johnson, Grant's mother.
Cephus Johnson, Grant's uncle said the family still plans to meet with O'Malley to outline what they say is clear evidence that Pirone can still be prosecuted.
"The fight still goes on," he said. "We've been having these conversations for the last 12 years. And we're not going anywhere."
But the DA appears to have closed the case.
"Pirone did not commit the murder or the act that caused the death of Mr. Grant," O'Malley said.
"Although Pirone's conduct was aggressive, utterly unprofessional and disgraceful, it did not rise to the mental state required for murder," she said.
Mehserle was convicted of involuntary manslaughter. As a result, the DA said Pirone, under the law, can't be charged with aiding and abetting involuntary manslaughter. The prosecutor noted that the statute of limitations for all crimes other than murder have long expired.