In October 2020, the family of Oscar Grant contacted District Attorney Nancy O’Malley, asking her to re-examine the involvement of former BART Officer Anthony Pirone. In response, DA O’Malley assembled a team of highly experienced attorneys to conduct an exhausted review of the facts and evidence surrounding the events that led to, and resulted in Mr. Grant’s death.

The team then analyzed the statues governing the law of murder, manslaughter and any other crimes that could apply. They looked at any applicable legal doctrine, and case law, as each applies to the facts and the evidence.

“We took our time, had many meetings, and delved deeply into the legal analysis before coming up with the conclusion that I have now reached,” DA O’Malley said in January.

“We condemn Pirone’s conduct, but we cannot charge him with murder, or any other crime,” DA O’Malley stated.

It is not unusual for the Attorney General to be asked to review a case, or to review a decision by the District Attorney. Our office will share the reports and other items with the Attorney General’s Office for their task.

“We join the Attorney General in our commitment to open, honest and legally supported decision making in reviewing cases presented. We stand strong in our commitment to the fair, equitable and ethical administration of justice, including in case review and/or prosecution,” said DA O’Malley on Tuesday.

To view DA O’Malley’s video statement, and the investigative report: click here. https://www.alcoda.org/newsroom/2021/jan/investigation_anthony_pirone_oscar_grant

Posted on Aug 17, 2021