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Story: Oscar Grant Shooting Report Lifts Veil on Transit Police Work

It won't be a surprise to most that the report that was unveiled on the Oscar Grant shooting found a multitude of ways that the BART police were responsible, reacted poorly and need to improve. There were dozens of stories that came out and repeated some of these findings.  But very few stories gave this situation context by examining the role of transit police. By doing a round-up of the news Jennifer Ward was able to dive deeper into issues surrounding transit police.

A long awaited BART report examining the policies and actions behind the Oscar Grant killing has finally been released, shining light not only on decisions made during the controversial shooting, but also on the little-known work and environment of cops that police one of the largest municipal transit lines in the country.

The public report’s recommendations include:

  • Providing additional training in enhanced tactics and team strategy to deal with hostile incidents
  • Provide additional Taser training; require officers to wear Taser on opposite side of body from firearm.
  • Review detention policies to ensure a more expedient turn-around of detainees and better conditions for physical detention.

More bullet points

Read the Report in Full

In the recent BART report, it was revealed that besides an antiquated police manual, BART police officers use substandard methods for reporting use of force incidents. More alarming, it was reported that although BART's police has had very few deadly force incidents in its history, “It is not known when the last unjustifiable use of force occurred with BART PD.”

In mid-February, BART turned over its internal affairs investigation to Oakland-based law firm Meyers Nave to delve into the actions of BART transit police officers present during the events leading up to the shooting death of Oscar Grant on Jan. 1 at the Fruitvale Station platform.

The Meyers Nave report is just the first of two reports looking at BART police actions. BART also hired another outside agency to conduct an independent review of BART’s police policies. That second report is expected in the next several weeks.

[For more background on the results of this report see our link section or video at the bottom]

All of this public transparency is breaking new ground.

By and large little comprehensive research exists on the operations of transit police departments. This despite the fact that both California and the nation continue to grow municipal rail systems. BART has its own ambitious expansion plans that include the under construction West Dublin/Pleasanton line and a new station for Warm Springs.

“There’s not a lot of studies or research out there.” said Criminal Justice Professor Samuel Walker. Walker is a researcher at the University of Nebraska and said that although most major American cities have some form of municipal or railroad service both government, and academic researchers have shown little interest in examining this sub-group of law enforcement.

“It’s like campus police, it’s an under examined group,” Walker said.

W.K. Brown, an author who worked for 21 years with the New York Transit Police said the public is also oblivious to transit police officers.

“Normally, when people think about cops or they watch a show on television about police work, they’re thinking about street cops,” said Brown, who wrote a book about his experience as a transit cop. “They don’t realize that there’s a separate entity that covers transit lines.”

Brown recounts an arrest early on in his career where the man Brown was arresting didn’t believe he was a cop.

“He said, ‘Get your hands off of me. You can’t arrest me, I’m calling the cops.’” Brown said. “I said, ‘I am the cops!’”

Rail and transit police said their work can be tough and lonely.

“One of the things you learn is that when you get in trouble by yourself, you need to learn how to get out of trouble by yourself,” said Paul Miller, a rail police officer working for a major railroad company in Louisiana. “The troops aren’t coming quickly to save you.”

Brown agrees. “99.9 percent of the time as a transit officer you’re working by yourself, so you have to learn how to be self reliant.”

BART is one of the most prominent municipal transit lines in the country. It’s unique not only for its workload, 360,000 average weekday riders, it also is one of a few metro transit systems that employ a stand alone police force. BART even has a S.W.A.T unit within its police agency.

According to BART, training for its 200 plus officers, “exceed the guidelines of the state's Commission on Peace Officer Standards and Training, which certifies all California peace officers.” The annual budget for the BART Police Department is approximately $47 Million. The average salary for BART Police Officers (which includes Candidates, Senior & Master Police Officers) is $80,542 per year.

Municipal and railroad police said they’ve seen a variety of crimes occur on rail lines mostly thefts, burglaries and vandalisms. Robberies and serious violent crimes are rare.

Besides releasing two public reports, BART has adopted early reform measures and it’s all but certain the transit agency will adopt a controversial citizens review board currently moving through Sacramento legislature where it needs state approval.

In the end, BART transit police work will now be more public than ever before.

“The greater the degree of transparency of BART PD the better the agency will become,” the Meyers Nave report states.

External Links

LINK ROUNDUP

On the Meyer Report

Report knocks cops in Grant shooting
SFGate.com [Meyer's analysis of the Oscar Grant Shooting]
The report determined there was no one in charge of coordinating police actions, supervising officers failed to show up at the scene, and the officers who were there failed to follow any department protocol, policy or procedure as they stormed through train cars and dragged people off.

Report exposes BART cops' mistakes
The San Francisco Examiner
Their findings indicate that the seven transit officers who were on the platform that night had endangered themselves and others by not following “recommended procedures” and failing to work as a team.

Did BART Cops Detain Oscar Grant Without Cause?
East Bay Express
In other words, it's not clear more than seven months after Grant was fatally shot...whether BART cops should have detained him in the first place.

BART report on Grant shooting not expected to influence Mehserle trial

The BART-commissioned report that found grave errors in how the agency's Police Department reacted before and after Oscar Grant III was killed will have little to no impact on the murder case against former Officer Johannes Mehserle, legal experts and his attorney said.

On Civilian Oversight of BART Police

For background on Civilian Oversight see Spot.Us' comprehensive look: arguably the most comprehensive analsis of civilian police oversight bodies.

Citizen oversight of BART Police passes first hurdle
SF Examiner
In an unlikely partnership, the BART Board of Directors, community activists, and local ministers have joined together to call on the California Legislature to act quickly and pass an amendment to create a citizen oversight committee.

State Law Needed for BART Police Watchdog Group | NBC Bay Area
NBC Bay Area
"We have no time to waste." Johnson said [Uncle to Oscar Grant]. "Our family has suffered a great loss this year. We have struggled. We have vowed to find meaning in this tragedy ... to make sure this doesn't hapen again."

BART Pushes for Oversight Committee
KCBS
The transit agency needs a legislative amendment, one director Lynette Sweet said they might not get before the September recess.

BART police oversight plan may be held up by state Legislature
San Jose Mercury News
It will cost about $500,000 to set up the auditor's office, pay citizen board expenses and hire three people, BART has estimated.

Support for civilian oversight of BART police in high gear
WTVG-TV 13
A video from ABC News on the creation of the civilian oversight and the hurdles.

Extra Links

BART RAGE
bartrage.com
The purpose of this site is to create a community for BART riders who are willing to share good and bad experiences. Through this site we are hoping to share with other riders/employees and let our voices be heard to BART management that BART is important to commuters.

Keywords

Police, BART, Oscar Grant, Transit, Bay Area

License

Creative Commons License
Oscar Grant Shooting Report Lifts Veil on Transit Police Work by Jennifer Ward, Spot.Us is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License. Based on a work at spot.us.

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