Oscar Grant Coalition Continuing With Effort To Recall Alameda DA Nancy O’Malley – CBS San Francisco

OAKLAND (BCN) – A coalition is pushing a campaign to recall Alameda District Attorney Nancy O’Malley after she has decided not to seek re-election.

O’Malley announced Tuesday that she will not seek a fourth term in 2023.

CONTINUE READING: Arrested in fatal hit – and – run near San Francisco City Hall

The Justice 4 Oscar Grant Coalition continues the recall campaign after O’Malley decided not to prosecute BART cop Anthony Pirone for his part in the death of Oscar Grant III. Grant died after BART policeman Johannes Mehserle shot him dead on New Year’s Day 2009 at the Fruitvale BART station in Oakland.

“O’Malley did not deserve to be considered for the district attorney’s office because she has shown her willingness to disregard the law and moral standards in police killing black people,” said Rev. Wanda Johnson, Grant’s mother made a statement.

“There is a mountain of evidence to prove this criminal murder case, but O’Malley has refused to put that evidence to a jury,” said Johnson.

Mehserle was convicted of involuntary manslaughter for murder. Pirone kneeled at Grant before shooting and used a racist bow multiple times while holding Grant to the ground. Pirone later said he was repeating what Grant said to him.

A 2009 report by former Oakland City attorney Jayne Williams and then attorney Kimberly Colwell of the law firm Meyers Nave, published a decade later, stated, “The overly aggressive and unreasonable acts and behaviors of officers Pirone, violating guidelines and acceptable standards, contributed significantly to the escalation of the hostile and volatile atmosphere as the incident progressed. “

It was this report that led Grant’s family to ask O’Malley to reopen the case. The Grant family claims Pirone played a bigger role in the death of their family member than just holding the young man to the ground.

Pirone brutally attacked Grant and held him on the BART platform so Mehserle could shoot him in the back, according to the coalition.

The charge against Pirone would have to be a premeditated murder as the statute of limitations for the lesser murder charges has expired.

CONTINUE READING: A man brandishing a butter knife on an SFO-linked flight faces a load of cocaine

“While Pirone’s overly aggressive behavior contributed to the chaotic nature of what was happening on the BART platform,” prosecutors said in a report of their decision not to prosecute Pirone, “there was no evidence that Pirone knew in advance Mehserle would go. ” Shoot Mr. Grant. “

Elected officials from across the Bay Area have called on O’Malley to bring charges, including Senator Nancy Skinner, D-Oakland and now Attorney General Rob Bonta.

O’Malley told Johnson April 29 that prosecutors would not bring charges against Pirone.

Once O’Malley’s term expires, her successor could bring premeditated murder charges against Pirone as the statute of limitations for first degree murder does not expire.

Additional support for an investigation into Pirone came from Keith Carson, the Alameda County’s board member who is now president of the board and the board himself, Oakland Mayor Libby Schaaf, Oakland City Council, Oakland Police Commission and its own board of directors by BART.

Still, the coalition said, O’Malley will not weigh a jury.

The coalition believes that O’Malley is not fit for office and does not want her to retire with benefits and possibly ordain her successor.

“Nancy O’Malley’s recall will not only guarantee that O’Malley will never be able to obstruct the judiciary again, but will also send a strong message to anyone who wants to become Alameda County DA that the people of this county that Oakland headquarters will not vote for anyone who has not committed to taking the Oscar Grant case to justice, ”said Alicia Garza, co-founder of Black Lives Matter and longtime supporter of the Justice for Oscar Grant movement, in a statement.

The coalition said the recall efforts are gaining ground.

MORE NEWS: COVID: Low case numbers, reduced restrictions have San Francisco on the way to normal

© Copyright 2021 CBS Broadcasting Inc. and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.