Professional Documents
Culture Documents
Oscar Did Not Die in Vain R
Oscar Did Not Die in Vain R
O
scar Grant was a 22-year-old father from Hayward,
California, who, on New Year’s Eve 2008, heeded his mother’s
advice by traveling to New Year’s Eve festivities in San Francisco’s
Embarcadero district on BART, the Bay Area Rapid Transit (BART) com-
muter rail system. Following an altercation, the train’s operator called BART
police and stopped the train at Fruitvale Station in Oakland’s largely Latino
and immigrant district. BART police officer Anthony “Tony” Pirone ar-
rived first, and witnesses credit Pirone with escalating the situation between
Grant, his friends, and people on that train, which ultimately resulted in
officer Johannes Mehserle fatally and extrajudicially shooting Grant (Bulwa
2010a,b, Bulwa & Swan 2018, Chimurenga 2014).
Normally, law enforcement officers and agencies that harm, maim, and
kill people produce impunity for themselves through cultural and juridical
processes. These processes rely on a lack of public transparency and produce
a lack of public accountability. Yet, people—from revelers to revolutionar-
ies—disrupted these patterns and outcomes. People resisted police violence
prior to and well after Grant’s murder amidst social contradictions that
blossomed into a period of intensified struggle between people on the one
hand and the state and capital on the other. I use the phrase the Oscar Grant
moment1 to refer to this period of struggle in Oakland—from just before
Oscar Grant, a young Black man, was murdered by Mehserle on January
* César “che” Rodríguez (crodrig@sfsu.edu) attended public schools from pre-K to PhD,
including community college at the College of San Mateo and Skyline College. Educational
equity and pipline programs—such as Head Start, TRiO Student Support Services, and
the Ronald E. McNair Scholar Program—played a critical role in his education. In other
words, the social wage and investments in human development are vital. He now works as
an Associate Professor in the Criminal Justice Studies Department at San Francisco State
University. His work focuses on racialism, capitalism, hegemony, and social movements.
In retrospect, the Oscar Grant moment became the first episode in a decade-
long broader pattern of struggle against the manifestation of racial capitalism
within the United States. I understand racial capitalism as a particular—not
universal, indomitable, nor inevitable—parasitic social order that, since
its inception within Europe, requires the cultural ordering of racialism to
legitimate the material violences necessary to reproduce itself across time
and space: expropriation, exploitation, exclusion, and, in moments of crises,
the attempted extermination of negatively racialized people (Kelley 2000,
2017, Robinson 2000).
“Oscar Did Not Die in Vain” 87
within the discursive patterns of racial regimes. These texts allow working-
class people to preempt the self-exonerating narrative strategies of law
enforcement officers and agencies after they harmed, maimed, and/or killed.
Mass mobilizations and community organizing, even rebellions, often follow
in protracted battles to pursue justice in the name of a new martyr.
And so, in the past decade, we have seen struggles mounted from below
in the names and places of Jacob Blake (Kenosha, Wisconsin), Breonna
Taylor (Louisville, Kentucky), George Floyd (Minneapolis, Minnesota),
Freddie Gray (Baltimore, Maryland), Eric Garner (Staten Island, New York),
Michael Brown (Ferguson, Missouri), Alex Nieto and Luis Gongora Pat
(San Francisco, California), and many more working-class people—mostly
of color, largely Black and across the spectrum of genders and sexualities, and
almost all living in socio-spatial terrains of exploitation, abandonment, and
toxicity characteristic of racial capitalism. The Oscar Grant moment was the
first of its kind in this last decade of struggle, one in which working-class
peoples—across traditions of struggle—produced knowledge and history
through struggle. The lessons learned and victories claimed, and how they
were made, by people in struggle during the Oscar Grant moment are of
note. Yet, their fidelity has been archived to varying degrees in activist lit-
erature, academic texts, and mainstream journalism.
Academic Coroners and the Journalistic Prose of Counterinsurgency
activism that made Oscar Grant’s name known across the world and that
secured a modicum of justice in his name. However, the aforementioned
are rare, compared to the majority of academic engagements with the Oscar
Grant moment that are characterized by common limitations. Academics
frequently list Grant’s name as one of many people murdered by police,
which reduces the Oscar Grant moment to just his murder, to just an in-
cident of state-sponsored racism and repression (Brown 2015, 109; Cobb
2010, 23, 158; Dean 2016; Jones-Brown 2009; Loyd 2012, 432; Matias et
al. 2014; Norwood 2014; Ogletree 2010, 75; Parks & Hughey 2012; Phillips
2011, 85; Spence 2011, 97; Vest 2013, 2). While certainly not intentional,
such a rendering occludes the popular self-activity that made Grant’s name
known globally.
Other academic texts provide more in-depth analyses of Mehserle’s ex-
trajudicial police murder of Grant, yet despondently fixate on Grant’s murder
and, in doing so, focus on racist state violence at the expense of successful,
popular mobilization (Stephens 2009, Taylor 2013, Tibbs 2009). These texts
tend to represent the racism that informed the murder of Grant as exemplary
of a static, transhistoric, transgeographic phenomenon. Conversely, by not
demonstrating racial capitalism as reproduced across time and space through
historically and geographically specific projects and networks (as illustrated,
for instance, in Osuna 2020), such analyses preclude insights on racial capi-
talism’s reproduction, reify racial capitalism’s self-purported inevitability and
indomitability, and occlude strategic sites for popular intervention in the
struggle for the abolition and supersession of racial capitalism.
Furthermore, such analyses despondently misrepresent popular mobiliza-
tions and implicitly reify social structures (and, on rare occasions, elites) as
the subject of history. Such renditions of history occlude popular capacities
to produce history and knowledge through struggle (for an example of
work that does reflect these capacities, see Olmos 2019), as working-class
people of color are represented as passive victims of the machinations of
social structures and elites. For instance, one text suggested that solidarity
statements—“I am Oscar Grant” or “We are Oscar Grant”—were, at worst,
bourgeois consumptions of other people’s pain, or, at best, recognitions by
people that they too are “thus disposable” (Taylor 2013, 195). Such despon-
dency of analysis epitomizes what Clyde Woods (2002, 65–66) refers to as
the product of “academic coroners,”those who—not necessarily intentionally,
but nonetheless ultimately—“provide a priori support for the conclusion
that impoverished ethnic communities are passive and disorganized.” This
90 César “che” Rodríguez
This article is based upon archival research drawn from the aforementioned
literature written by activist-intellectuals rooted in abolitionism, anarchism,
Marxism, as well as revolutionary Third and Fourth World nationalisms
that mobilized during this moment (Advance the Struggle 2009; Bring the
Ruckus 2009; Herzing 2010; Herzing & Ontiveros 2010; Raider Nation
Collective 2010a; Unfinished Acts 2009, 2012). I draw upon these texts because
they bypass the anti-social movement bias of mainstream, corporate media
(particularly regarding rebellions), and provide immanent, self-reflexive,
empirically accurate accounts as well as politically erudite analyses of the
Oscar Grant moment, specifically the first month ( January 2009).
“Oscar Did Not Die in Vain” 91
of the San Francisco Bay Area in the late twentieth and early twenty-first
centuries when and where I have come into knowing and being (Lozano
2010). And so, this is a hyphy-corrido about the Oscar Grant moment, my
manner of following Cedric Robinson’s sound counsel and “record the noise”
(Robinson 2013).
The Production of Police Impunity
Karina Vargas, a young woman who rode the same train as Grant and filmed
that night’s fateful events, described the train as full of people enjoying them-
selves on their commute home from New Year’s Eve festivities (G. 2009).
The tone would change abruptly. After a report of a physical confrontation
on the train, the train’s operator, Ms. Keecha Williams, stopped the train
at the Fruitvale station. BART officer Pirone arrived first on the platform,
soon joined by six other BART officers including Mehserle. While law
enforcement purportedly keeps peace and imposes order, an independent
investigation by the law firm Meyers Nave concluded that “from the moment
BART PD officers congregated at the scene, there was confusion, chaos, and
pandemonium on the platform for some thirteen (13) minutes” (Colwell &
Williams 2009, 2).
The same report noted that commuters described Pirone as “the crazy
cop” (Colwell & Williams 2009, 2), which is fitting given that the former
Marine witnessed no confrontation but nonetheless proceeded to yell, curse,
point his taser (per self-admission, strictly for intimidation), accost and shove
Grant, pull Grant’s friend to the ground by his locks, assault Grant, yell
an anti-Black and misogynistic epithet at Grant (which he admitted), and,
in placing his knee on Grant’s neck, pin Grant’s arm beneath the weight
of both their bodies while Mehserle ostensibly attempted to arrest Grant.
Once Pirone took his knee off Grant’s neck, Grant could and finally did
present his arms to comply with Mehserle’s arrest attempt, only to be shot
by Mehserle in the back (Colwell & Williams 2009, 70–80). In interviews,
94 César “che” Rodríguez
One witness on the remainder of the BART train ride described people as
upset, with some “eventually crying” (Colwell & Williams 2009, 32). Indeed,
they carried a toxic, explosive load—both emotionally and digitally—one that
would disrupt the framing tactics and information management strategies
that law enforcement agencies use to preserve their legitimacy and exonerate
themselves when cops harm, maim, and/or kill people. Such police framing
tactics include projecting pathology upon their victims while imputing pro-
fessional diligence upon themselves, using euphemisms to frame undeniable
facts, and selectively managing what information is shared or excluded.
“Oscar Did Not Die in Vain” 95
BART police and public relations officials attempted to frame the ex-
trajudicial police murder of Oscar Grant in a self-excusatory manner at a
January 2 press conference featuring BART public relations spokesperson
Jim Allison and Police Commander Travis Gibson.The speakers represented
commuters, Grant’s friends, and Grant himself as capricious. For instance,
Allison represented the crowd of commuters on the train and platform as
“volatile and chaotic” (yet the independent investigation noted that the
crowd only became excited in response to Pirone’s aggressive behavior).
They also claimed that two groups of men yelled at each other and contin-
ued to scuffle on the platform in the presence of multiple officers (no other
group of men stood on the platform but BART police and Grant’s friends,
who only verbally, never physically, responded to police violence), and they
purported that Grant required restraint (Grant never physically confronted
an officer and instead pleaded that he not be tased, told Pirone he was the
father of a 4-year-old girl, actively separated his friends from police, and
calmed his friends in the face of police antagonisms) (Thanawala 2009,
Tucker et al. 2009b).
As BART’s narrative projected pathology upon Grant, his friends, and
fellow commuters, it also contradicted the empirical reality of Pirone’s vagaries
by imputing professionalism upon BART officers, who were represented as
practicing due diligence according to protocol, as they allegedly “isolate[d]
the young men as they fought” and attempted to “control the situation”
(Tucker et al. 2009b). Moreover, BART framed Mehserle’s fatal shooting of
Grant in euphemistic terms that broke basic grammatical rules of subject-
verb-object: in the passive voice, BART claimed that “during the process”
of “separating the arguing parties,” “the officer’s gun discharged” and “a gun
went off.” This framing presents the object, Mehserle’s firearm, as possessing
its own agency independent of the violence worker that carried it (Gonzales
2009a, Thanawala 2009, Tucker et al. 2009b). BART also suggested that the
gun fired “accidentally” (Thanawala 2009). BART’s treatment of Mr. Cross’s
sequestered footage also indicates how it selectively managed information:
BART never admitted they had this footage, nor did they willingly release
this footage. BART only submitted Cross’s video footage to the Alameda
County District Attorney’s office after it was subpoenaed in April of 2009
(Blanchard 2009, Tucker 2009).
Local corporate news media also circulated and amplified these euphemis-
tic framings of BART PD’s killing of Grant via Twitter and their respective
websites. For instance, a local television station (KTVU) reported that BART
was investigating an “officer-involved shooting.”5 That afternoon, the San
96 César “che” Rodríguez
Jose Mercury News reported that the then-unnamed person died after being
shot by BART police during an “altercation.”6 Other regional news sources
and blog sites tweeted about this BART police killing as well.7
Ideological Strays and Popular Counternarratives
Stuart Hall describes hegemonizing as hard work, an essential task that elites
must undertake during ordinary times, especially “when lived experiences
conflict with legitimizing ideologies”; he even compares it to dogcatching:
“the ideological dogcatchers have to be sent out every morning to round up
the ideological strays, only to be confronted by a new group of loose mutts
the next day” (Hall cited in Lipsitz 1988, 147). BART tried to manage and
frame information about Mehserle’s extrajudicial police murder of Grant, yet
the citizen-journalist footage released by revelers-turned-citizen-journalists
disrupted the self-exculpatory framings and information management
strategies that law enforcement officers, their unions, their public relations
departments, and their legal defenses typically contrive in order to exculpate
themselves when they harm, maim, and/or murder people.
As mainstream corporate media circulated and amplified BART’s fram-
ing of Grant’s killing, people expressed skepticism before the release of any
footage. On IndyBay, someone shared initial corporate media reporting of
Grant’s killing, and a subsequent comment revealed popular skepticism of
the dominant narrative: “The gun ‘went off ’?!? … WTF! That is the nasti-
est euphemism for killing somebody since ‘collateral damage.’”8 By Friday,
January 2, revelers turned protestors and citizen-journalists released foot-
age on local media that confirmed this merited skepticism (Matier & Ross
2009a). That same day, “[d]ozens of potential witnesses … flooded BART’s
investigation hotlines” (Tucker 2009). By Sunday, January 4, revelers turned
citizen-journalists released more videos via local, mainstream television
media and social media (Maher 2009a, Simerman 2009).
By January 7, three different videos with different angles of BART officer
Johannes Mehserle fatally shooting a clearly defenseless and prone Oscar
Grant were available on news and social media (Id 2018, Stannard & Bulwa
2009). That same day, the video on KTVU (the local Fox television station),
was “downloaded more than 450,000 times,” which was “tantamount to two
months’ worth of downloads in a few days” (Collina & Chea 2009, Stannard
& Bulwa 2009). Subsequently, BART police chief Gary Gee and BART
spokesperson Linton Johnson attempted to discredit the videos (Bulwa
2009b, Simerman 2009, Stannard & Bulwa 2009). Yet the videos blindsided
“Oscar Did Not Die in Vain” 97
BART officials: the San Francisco Chronicle described “BART lawyers and
brass” as in “scramble mode ever since” (Matier & Ross 2009a).
Roland Barthes (1981) theorized the term punctum in Camera Lucida
to refer to a particular detail, a wound, in an image that punctures the su-
perficies of an image, drawing us to a depth hidden but nonetheless present.
The punctum draws one to an interior depth that is otherwise mystified or
obscured by the superficies of the studium—the otherwise commonsensical,
normative readings of an image. In the case of Oscar Grant, perhaps the
punctum is the sudden and audible pop of Mehserle shooting Grant in the
back and the sudden, brief moment of silence, or perhaps it is the moment
when Mehserle looks up quizzically. The punctum is nevertheless there,
rupturing the ideological carapace of that state apparatus, allowing one to
peer clearly past the thin, translucent veneer of “to serve and protect” and
the thin blue line, only to see the brutal machinations at the production of
death. Through these videos, people could literally see for themselves, and
through BART’s framing, a clearly inexcusable instance of extrajudicial
police murder (Baldassari & DeBolt 2018a, Fulbright 2009, Jayadev 2009,
Lynch 2018, Pipkins 2019).
People subsequently developed a counternarrative that disrupted BART’s
initial framing, a counternarrative ranging from affective reactions to the
citizen-journalist footage, reframings of Grant’s killing as a police murder, and
expressions of solidarity with Grant and his loved ones to incipient popular
and political analyses of policing, all of which translated into efforts to or-
ganize collective action. Karina Vargas’s video and testimony are particularly
illustrative and proved crucial to the development of this counternarrative.
In KTVU’s full interview of her, and contrary to BART’s framing of Grant
as hostile, Vargas’s footage and her recounting showed Grant attempting to
calm his friends, raising his hands to cooperate with BART cops, and being
shot despite not resisting and lying flat on his stomach with multiple officers
on top of him (GioSifaTaufa 2009). Notably, she referred to Grant and his
friends as boys, running contrary to the adultification of Black children and
youth in dominant narratives justifying violence against them (Gilmore &
Bettis 2021). She subsequently condemned BART cops as unprofessional
for shooting a cooperative person within seconds, and released the footage
so the public could learn what BART police did to Grant and his friends.
This earned her and fellow citizen-journalists popular appreciation given
what their footage exposed (Antony & Thomas 2010).9
These videos confirmed a healthy skepticism of dominant framings, and
led to the development of a counternarrative archived on social media and
98 César “che” Rodríguez
would have been the ones who faced charges, not police. According to John
Burris, Grant’s family lawyer, “it would have been only the words of the
police officers” and, thus, BART police could have shaped the narrative,
scapegoating Grant’s friends while exonerating themselves (Gafni 2019).
Indeed, Wanda Johnson, Grant’s mother, stated that “had it not been for
the video footage, I believe in my heart it would have been a totally different
outcome” (Baldassari & DeBolt 2018b).
While playing a key role in the Oscar Grant moment, the videos and the
counternarratives produced by popular communities in and of themselves
did not produce modicums of justice. Unfortunately, the strongest moral
argumentation supported by the most erudite evidence does not advance
the demands and visions of aggrieved communities. Indeed, apparently
incontrovertible video footage of egregious police violence failed to hold
the LAPD officers who beat Rodney King to account within the criminal
punishment system: their defense lawyers argued that the same footage
proved King was the source, not target, of violence (Butler 1993). Instead,
the ability of historically expropriated, exploited, excluded, and negatively
racialized peoples to seize the regimes of accumulation that serve, and are
doggedly defended, by elites ultimately forces said elites into capitulating
to demands from below. In this regard, the January 7 protest, march, and
rebellion threatened the capitalist state’s vulnerable and recently initiated
project of gentrifying downtown Oakland, and, in turn, forced elites to re-
act by breaking the juridical production of police impunity and submitting
Mehserle to the criminal punishment system he worked for.
Rebellion Breaks the Juridical Production of Police Impunity
Popular Frustration, Rebellion, and Elite Fear of the Future
refused to predict how long said investigation would take, and, perhaps most
disconcerting, was paraphrased as stating that it was “far too early to know
whether the case will enter the criminal arena” (Maher 2009b, Matier &
Ross 2009a, Woodall & Rayburn 2009). In fact, Orloff would come to file
charges against three protestors who demanded Mehserle’s arrest and rebelled
well before he ever took such action against Mehserle (Harris 2009). This,
coupled with Mehserle’s resignation earlier that day, compounded public
frustrations with the criminal punishment system.
The January 7 Rebellion: Popular Coercion
Following the January 7 CAPE rally at Fruitvale station, a group of people
went beyond the coordinated spaces of a rally organized largely by nonprofit
workers, marched down International Boulevard, and rebelled in downtown
Oakland that night. They overwhelmed police forces from Oakland, BART,
as well as the Housing Authority (May 2009), as they shut down streets,
public transit stations, and various small and large businesses (Bay City
News Service 2009, Bulwa & Lee 2009c, Lee & Bulwa 2009, May 2009).
No one was harmed as hardly any looting occurred, and the rebellion re-
sulted in damages amounting to an estimated $150,000 in objects—from
trash bins, private vehicles, the windows of 50 businesses, and, spectacularly,
an Oakland police cruiser that was summarily stomped out in the fashion
of the sydeshow (Allen-Taylor 2003, Bulwa & Lee 2009c, Hill & Harris
2009, Lee & Bulwa 2009, May 2009, Zazaboi 2006). All of this impacted
the capitalist state’s revanchist project of an urban growth machine, as the
rebellion occurred in downtown Oakland during a very early, and thus vulner-
able, stage of gentrification ( Jonas & Wilson 1999; Rayburn 2008, 2009a,b;
San Francisco Chronicle 2009a; Smith 1996). Moreover, the rebellions drew
attention across the country, from mainstream cable news (Wolf Blitzer on
CNN) to fringe media (Alex Jones on Prison Planet), to international news
outlets from France to Japan, and even support from people across global
civil society, including Greece.28
Elected officials and other public figures condemned the January 7
rebellion. Yet the more honest ones publicly acknowledged that popular
frustration over Orloff ’s apparent recalcitrance conditioned the rebellion,
from Oakland Mayor Ron Dellums, BART Director Bob Franklin, California
Attorney General and former Oakland Mayor Jerry Brown to California
Assemblyman Sandré Swanson, civil liberties groups, the mainstream media,
and respected local artists like Mistah FAB (Brown 2009b, Bulwa 2009c,
Bulwa & Lee 2009c, Egelko 2009, Fulbright 2009).
104 César “che” Rodríguez
prevent another rebellion. Mayor Dellums hoped the arrest would “bring
down the temperature,” and stated that “we can now be relieved that the
wheels of justice have moved forward”(Metinko 2009a, Metinko et al. 2009).
Oakland police chief Tucker also hoped that the arrest would prevent the
anticipated crowd of 1,000 from rebelling: “we’re hoping that people act
civilly and they take this recent action as a sign [Orloff ] was committed to
doing a job and moving forward with a complete, thorough and unbiased
investigation” (Rayburn & Maher 2009a,b). Denise Geare, employed by the
California attorney general and working in Oakland, “hop[ed] Mehserle’s
arrest would prevent a repeat of past vandalism” (Heredia et al. 2009).
Despite these hopes and the efforts to use nonprofits to prevent another
rebellion, one indeed transpired that night (Advance the Struggle 2009,
6–13; Bring the Ruckus 2009; Burt et al. 2009; Heredia et al. 2009; Lee &
Kuruvila 2009; Raider Nation Collective 2010a, 23–24, 2010b; Richman
2009e; Unfinished Acts: January Rebellions 2009, 28; Woodall et al. 2009b).
Recall the rhetorical question: “[w]hat does it take to have a white cop
arrested?” It appears that an actual rebellion, and the fear of another one,
facilitated the arrest of Mehserle. Perhaps this is why, after mid-January,
some person(s) wheat pasted monochrome posters around Oakland featur-
ing an image of Mehserle’s mugshot behind bars, surrounded by the words
“Riots Work” (Id 2009b, 2018).
The Historic Incarceration of a Law Enforcement Officer for an On-Duty
Killing
Ultimately, the criminal punishment system charged Mehserle with second-
degree murder, found him guilty of involuntary manslaughter, sentenced
him to two years in prison, and released him on unsupervised parole after
serving 11 months (Baldassari & DeBolt 2018a). A critical comparison
between Mehserle and former professional athlete Michael Vick reveals
that Vick spent more time (23 months) in federal prison for dogfighting
than Mehserle did for killing Grant (Leonard et al. 2010). Moreover, prin-
cipled abolitionists interrogated the logic of incarcerating law enforcement
officers as a means of ending the killing of people by police and the broader
prison industrial complex (Herzing 2010, Herzing & Ontiveros 2010).
Notwithstanding these warranted abolitionist critiques of Mehserle’s sen-
tence, that he was investigated, charged, arrested, and incarcerated at all was
significant given the impunity afforded law enforcement officers. Indeed,
Grant’s uncle, activist Cephus “Uncle Bobby X” Johnson, stated that while
“Oscar Did Not Die in Vain” 107
Walmart (Paybarah 2020). Mehserle remains the only local law enforce-
ment officer held accountable (through the criminal justice system’s own
ostensible means) for an on-duty murder committed in that period within
the Bay Area. This historic feat is credited to the revelers who produced
and shared citizen-journalist footage, the people who mobilized en masse,
the activists who organized various actions, and, indeed the rebellions—all
of which forced elites to concede the historic arrest and incarceration of a
law enforcement officer.
Producing Public Transparency and Accountability
Popular mobilizations secured at least one more significant feat: they produced
a modicum of public transparency and accountability over local police by 1)
forcing two investigations of BART police, which provided detailed accounts
of police violence the night Mehserle fatally killed Grant (contradicting
initial press releases that projected professionalism onto BART officers and
pathology upon Grant, his friends, and his fellow commuters); 2) reveal-
ing how BART police systematically enabled police violence through lax
investigations (contradicting BART press releases imputing professionalism
upon the agency); and 3) forcing modest reforms that made considerable
changes to BART police.
The investigations’ reports, in particular, produced very rare instances of
public transparency into the illicit behavior of officers and the operation of
an agency that was otherwise whitewashed through internal investigations
that, if they occurred, were never accessible to the public.The findings of these
particular reports, at the very least, validate the public’s general skepticism
of public statements issued by police agencies after their violence workers
harmed and/or killed people. These reports also provide insights as to why
law enforcement agencies generally resist ceding investigations of their
officers and agencies over to the public, if only because such investigations
can publicly demonstrate their dereliction. These reports also produced an
instance of public accountability via reforms over policing, an institution
that is typically antidemocratic and intransigent before popular demands
for transformation. And in ultimately failing to prevent future instances of
BART police violence and killings, these reforms are exposed as limited,
suggesting that the most effective strategy to reduce police violence is to
reduce police contact with the public, all while expanding life-affirming
strategies (American Public Health Association 2018, Vitale 2017).
“Oscar Did Not Die in Vain” 109
The Meyers Nave Report: A Police Fracas on the Fruitvale Station Platform
BART hired Meyers Nave to conduct what would otherwise have been
BART’s internal investigation of their own officers’ behavior on the platform
when Mehserle fatally shot Grant (Woodall 2009). Meyers Nave issued two
reports, one publicly released in the summer of 2009, and another extensive
report withheld from the public due to privacy protections exclusive to law
enforcement officers. The private report was most revealing, but was not
publicly released until 10 years after Grant’s murder as a result of California
Senate Bill 1421, a transparency law passed because of the advocacy of activists
and families who lost loved ones to police violence. The law undermines the
strictest police privacy laws in the nation by making law enforcement officers’
disciplinary records publicly available for sustained complaints, along with
all use of force records in cases of death, great bodily injury, sexual assault,
and job related dishonesty (BART 2009a,b; Gafni 2019; Matier & Ross
2009b). These reports, thanks to California Senate Bill 1421, produced a
one-off instance of public transparency. The private report proved unique
when compared to the otherwise self-exonerating internal investigations that
were never seen by the public, in that the report detailed egregious activity
by BART police, which all became public via California Senate Bill 1421.
The Meyers Nave reports described BART officers as “seriously deficient”
that night. This contradicted BART’s January 2 press conference, which
deliberately and inaccurately projected pathologies upon Grant, his friends,
and other commuters by describing them as hostile and unruly, all while
portraying BART officers as diligent professionals following procedure. Per
the report, BART officers created a “fracas” (Colwell & Williams 2009, 2)
and did not have a clear sense of the situation they entered: they failed to
communicate with each other, aggressively broke protocol for engaging large
crowds, worked independently of one other, failed to interview witnesses
after Mehserle fatally shot Grant, and detained Grant’s friends in handcuffs
for hours only to release them without arrest. The report also noted that
Officer Noel Flores incidentally trained his taser on “the buttocks of Officer
Knudtson,” which, had he been bumped and fired this so-called less lethal
weapon, “could have caused devastating consequences” (Colwell & Williams
2009, 71). The report stated that “no one appeared to be in charge,” which
was perhaps best evidenced by Pirone, who antagonized Grant, Grant’s
circle of friends, and commuters on the train leading up to Mehserle’s fatal,
extrajudicial shooting of Grant (Colwell & Williams 2009, 86).
“Oscar Did Not Die in Vain” 111
in Dublin; and in January of 2018, BART police shot and killed Sahleem
Tindle just outside the West Oakland station (Cabanatuan 2020, Mara 2009,
O’Brien 2014). I take these incidents as confirmation of an essential claim
of abolitionist demands to divest from policing and invest in communities:
the problem of police violence is beyond the most well intended and even
best designed reforms.
The limits of police reform notwithstanding, the broader claim proposed
here remains worth considering. Law enforcement officers and agencies can
and do exonerate themselves by imputing professionalism upon themselves
and pathologies upon the people they harm, maim, and kill through their
ability to investigate, frame, and selectively release information about their
own violence. Yet, citizen journalism, mass mobilization, and rebellion
hindered BART’s ability to convincingly do so. These mobilizations forced
one-off public investigations that would not have occurred if left to the
volition of BART police alone and that exposed their systemic malfeasance.
Furthermore, these investigations led to reforms that expose the limits of
police reform, and indicate the need for systemic transformations to end
police violence.
“Oscar Did Not Die in Vain”
NOTES
1. I learned this term by participating in workshops hosted by UniTierra Califas.
2. Robinson’s plenary talk is available for online viewing. See “Cedric J. Robinson—
Critical Ethnic Studies Conference 2013,” YouTube video, 10:53, posted by “Daniel Olmos,”
June 5, 2016, at https://www.youtube.com/watch?v=tKnf100jCFI.
3. See Indybay.org’s Justice for Oscar Grant Archive at https://www.indybay.org/news-
items/2009/07/12/18607212.php and the San Francisco Bay View’s
Oscar Grant Archives at https://sfbayview.com/tag/oscar-grant/.
4. See Dana Blanchard, “Killer Cop Preliminary Hearing Update from Week One,”
and GioSifaTaufa, “Oakland, Ca Fruitvale Bart Station Shooting: Full Video and Inter-
view with Karina Vargas,” Indybay.org, January 5, 2009, https://www.indybay.org/news-
items/2009/01/05/18558793.php.
5. KTVU (@KTVU), “BART Investigating Officer-Involved Shooting At Fruitvale
Station: A Person Was Transported to a Local Hospital .. Http://Tinyurl.Com/9w6l57,”
Twitter, January 1, 2009, 7:56 a.m., https://twitter.com/KTVU/status/1090057212.
6. Mercury News (@mercnews), “Man Dead after BART Cop Shoots Him during
Altercation at Oakland Station: OAKLAND_ A Man Has Died Following an o.. Http://
Tinyurl.Com/8y89ou,” Twitter, January 1, 2009, 1:43 p.m., https://twitter.com/mercnews/
status/1090513104.
7. See kcranews (@kcranews), “1 Hurt In Police Shooting At BART Station Http://
Tinyurl.Com/8kx794,” Twitter, January 1, 2009, 2:46 p.m., https://twitter.com/kcranews/
status/1090594623 and Bay Area News (@concord_blogger), “BART Investigating Officer-
Involved Shooting At Fruitvale Station Http://Tinyurl.Com/9w6l57,” Twitter, January 1,
2009, 7:59 a.m., https://twitter.com/concord_blogger/status/1090060848.
8. See comment by Gonna “Go off,” “The gun ‘went off ’?!?!” Indybay.org, January 3,
2009, at https://www.indybay.org/newsitems/2009/01/01/18557752.php#18558122.
9. See also Jiz Lee, (@jizlee), “BTW: Oscar Grant’s Death by Bart Cop: Http://Www.
Indybay.Org/Newsitems/2009/01/05/18558793.Php *power to the People and the Tech*,”
Twitter, January 7, 2009, 3:52 p.m., https://twitter.com/jizlee/status/1103139959.
10. See Liz Henry (@lizhenry), “Watched the BART Cop Shooting Oscar Grant. Hor-
rible. There Isn’t Any Excuse and I’m Disgusted BART Would Try to Make One,” Twitter,
January 5, 2009, 2:29 p.m., https://twitter.com/lizhenry/status/1098118236 and STYALZ
FUEGO (@STYALZFUEGO), “Just Watched the Footage of Oscar Grant (RIP) Being
Shot Laying down, That Shit Made Me Feel Sick and Empty .. Wtf,” Twitter, January 8,
2009, 7:41 p.m., https://twitter.com/STYALZFUEGO/status/1103571976.
11. See Brian Crouch (@BrianCrouch), “What Happened to Oscar Grant Is a Travesty:
Http://Tinyurl.Com/8dl5zf,” Twitter, January 7, 2009, https://twitter.com/BrianCrouch/sta-
tus/1102590573 and ninoybrown (@ninoybrown), “Bay Area: Fruitvale BART @ 3pm to
7pm. Justice for Oscar Grant. Stand up against State Sanctioned Murder,” Twitter, January
7, 2009, 11:15 a.m., https://twitter.com/ninoybrown/status/1102548948.
12. See DLabrie (@DLabrie), “NEWEST VIDEO: Oscar Grant Murder by Cops
n Oakland. Shot While Face down despite Cooperating!! Http://Www.Ktvu.Com/
Video/18421041/Index.Html,” Twitter, January 6, 2009, 7:25 p.m., https://twitter.com/DLab-
rie/status/1101196680 and Wise_Diva (@wise_diva), “Ummm This Oscar Grant Tragedy
Is Sean Bell All over Again! How Is He a Threat When He Is Face down with Cops on
118 César “che” Rodríguez
status/1098038495 and TheHeir, (@TheHeir209), “Today They Lay Oscar Grant III to Rest.
No Justice No Peace,” Twitter, January 7, 2009, 10:40 a.m., https://twitter.com/TheHeir209/
status/1102472976.
23. See Concerned Anarchist, “Wake the Fuck Up Bay Area;” reposted, “Police Shoot
And Kill Man Lying On Ground In Handcuffs At Fruitvale BART;” and DRJessieNYC
(@JessieNYC), “Racism & the Murder of Oscar Grant: Http://Tiny.Cc/IAa3Y in Which I
Predict the Shooter Walks, Completely Escapes Criminal Chrgs,” Twitter, January 7, 2009,
11:12 p.m., https://twitter.com/JessieNYC/status/1103887891.
24. See reposted, “Police Shoot And Kill Man Lying On Ground In Handcuffs At
Fruitvale BART;” GioSifaTaufa, “Oakland, Ca Fruitvale Bart Station Shooting: Full Video
and Interview with Karina Vargas,” Indybay.org., January 5, 2009; Concerned Anarchist,
“Wake the Fuck Up Bay Area,” Indybay.org, January 5, 2009; Oakland Police Cop Watch
Blog, “New Footage of Oakland Man Murdered by BART Cop,” Indybay.org, January 6,
2009, https://www.indybay.org/newsitems/2009/01/06/18559091.php; Anonymous, “Police
Shooting in Fruitvale Bart Station Early New Years Morning,” Indybay.org, January 1, 2009,
https://www.indybay.org/newsitems/2009/01/01/18557775.php; and Antony and Thomas
(2010, 1289–91).
25. CAPE—Coalition Against Police Executions (blog), “Who Is Oscar Grant III?,”
January 9, 2009, http://joincape.blogspot.com/2009/01/who-is-oscar-grant-iii.html.
26. See Uhuru Solidarity Oakland’s (2009) blog post, “Protest the BART Police Shoot-
ing of Oscar Grant III,” January 5, 2009, http://uhurusolidarityoakland.blogspot.com/2009/01/
protest-bart-police-shooting-of-oscar.html; and posts from Concerned Anarchist,“Wake the Fuck
Up Bay Area,”2009. See also post by David,“Bart Police Shooting: Protest At Fruitvale BART,”
Indybay.org, January 5, 2009, https://www.indybay.org/newsitems/2009/01/05/18558825.php.
27. See favianna rodriguez (@favianna), “Is Working on a Poster about Oscar Grant and
Gaza,” Twitter, January 6, 2009, 9:21 p.m., https://twitter.com/favianna/status/1101237394;
Cara (@thecurvature), “Rally Today in Response to BART Police Murder of Oscar Grant.
Spread the Word! Http://Www.Indybay.Org/Newsitems/2009/01/05/18558825.Php,” Twit-
ter, January 7, 2009, 10:28 a.m., https://twitter.com/thecurvature/status/1102446281; Jessamyn
Delight (@jdelightyumyum), “Game Time! See You in the Streets! Fruitvale BART 3-7
Pm to Demand Justice in the Name of Oscar Grant and All Victims of Police Violence!,”
Twitter, January 7, 2009, 2:04 p.m., https://twitter.com/jdelightyumyum/status/1102917084;
and Paloma B. Concordia (@papalodown), “BAY AREA—Oscar Grant protest at Fruitvale
BART today 3-7pm, please retweet, do not let this be swept under the rug,” Twitter, January
7, 2009, 11:25 a.m., https://twitter.com/papalodown/status/1102571585?s=20.
28. See Richman (2009d); Amani Channel (@AmaniChannel), “Wolf Blitzer Is
about to Talk about the Riots out in Oakland Surrounding the Oscar Grant Shooting.
Where’s the Justice?,” Twitter, January 8, 2009, 2:26 p.m., https://twitter.com/AmaniChannel/
status/1105396119Anonymous; Asteris Masouras 正义 (@asteris),“Εγώ πάντως θα κατέβω
αύριο να διαδηλώσω ειρηνικά για το θάνατο του Τεμπονέρα, του Γρηγορόπουλου,
του Λεωνίδη αλλά & του Oscar Grant,” Twitter, January 8, 2009, 1:36 p.m., https://twitter.
com/asteris/status/11052869532009; trendsjp_full (@trendsjp_full), “Google 急上昇ワード
に [oscar grant video] がランクイン! (16位), http://tinyurl.com/7jemlt,” Twitter, January
8, 2009, 10:59 a.m., https://twitter.com/trendsjp_full/status/1104944605; TruthOrLies (@Tru-
thOrLies),“Alex Jones Tv, Milk from Clone Cows & Police Lie on The Oscar Grant Shooting,”
Twitter, January 7, 2009, 7:38 p.m., https://twitter.com/TruthOrLies/status/1103567134; and
120 César “che” Rodríguez
Tuxboard (@tuxboard), “Sur Tuxboard.com: Oscar Grant tué par la police—Bavure Policière
(vidéo) http://tinyurl.com/7dg68u,” Twitter, January 8, 2009, 10:39 a.m., https://twitter.com/
tuxboard/status/1104906206.
REFERENCES
Bulwa, Demian
2009a “Student’s BART Shooting Footage May Be Key.” San Francisco
Chronicle, May 18.
2009b “BART Urges Patience over Video of Shooting.” San Francisco
Chronicle, January 5.
2009c “Officials Excoriated at Meeting on Killing.” San Francisco Chronicle,
January 12.
2009d “Probe Was Troubled from the Beginning.” San Francisco Chronicle,
January 30.
2009e “Law Firm Hired to Review Cops’ Actions.” San Francisco Chronicle,
February 12.
2009f “Review of Police Calls for Changes.” San Francisco Chronicle,
September 30.
2009g “Agency Promises Police Overhaul.” San Francisco Chronicle, October 2.
2010a “BART Fires Cop Who Helped Detain Oscar Grant.” San Francisco
Chronicle, March 28.
2010b “Mehserle Blurted Term of Shock, Witness Says.” San Francisco
Chronicle, June 15.
2010c “BART Told to Reinstate Officer.” San Francisco Chronicle, December
18.
Bulwa, Demian, and Henry K. Lee
2009a “BART Shooting Victim’s Family Files Claim.” San Francisco Chronicle,
January 7.
2009b “Officer in BART Shooting Abruptly Resigns.” San Francisco Chronicle,
January 8.
2009c “Victim’s Family Decries Violence.” San Francisco Chronicle, January 9.
Bulwa, Demian, Henry K. Lee, and Leslie Fulbright
2009a “BART Sends Case to D.A.” San Francisco Chronicle, January 13.
Bulwa, Demian, Leslie Fulbright, and Henry K. Lee
2009b “BART Officer Arrested on Murder Warrant in NY Day Shooting.”
San Francisco Chronicle, January 14.
Bulwa, Demian, and Rachel Swan
2018 “10 Years Since Oscar Grant’s Death: What Happened at Fruitvale
Station?” San Francisco Chronicle, December 28.
Bulwa, Demian, Wyatt Buchanan, and Matthew Yi
2009c “Behind Murder Charge against Ex-BART Officer.” San Francisco
Chronicle, February 4.
Burress, Charles
2009 “Peaceful March for Oscar Grant.” San Francisco Chronicle, January 20.
Burt, Cecily, Angela Woodall, Sean Maher, Steve Harmon, Kelly Rayburn, and Chris
Metinko
2009 “Lingering Oakland Protesters Become Violent, Smash Doors,
Windows.” Oakland Tribune, January 14.
Butler, Judith
1993 “Endangered/Endangering: Schematic Racism and White Paranoia.”
In Reading Rodney King, Reading Urban Uprising, edited by Robert
Gooding-Williams, 15–22. London: Routledge.
“Oscar Did Not Die in Vain” 123
Cabanatuan, Michael
2020 “BART Must Pay Millions to the Family of Slain Man.” San Francisco
Chronicle, March 13.
Carr, Jesse
2016 “The Lawlessness of Law: Lynching and Anti-Lynching in the
Contemporary USA.” Settler Colonial Studies 6(2): 153–63.
Carson, Lynda
2005 “Oakland Landlords Attack Eviction Protections: Tenant Activists
Fight a Lawsuit Aimed at Killing Oakland’s Just Cause Measure.”
Street Spirit: Justice News & Homeless Blues in the Bay Area, November.
At http://www.thestreetspirit.org/Nov2005/evictions.htm.
Causa Justa :: Just Cause
2013 “Housing, Health, and Habitability in Oakland: Executive Summary.”
Health and Habitability Report 2013. At https://cjjc.org/mediapress/health-
habitability-report-2013/.
Chimurenga, Thandisizwe
2014 No Doubt: The Murder(s) of Oscar Grant. CreateSpace Independent
Publishing Platform.
Christophi, Helen
2019 “Victim of Fatal Police Shooting Honored in Oakland.” Courthouse
News Service, June 8. At https://www.courthousenews.com/about-us/.
Cobb, William Jelani
2010 The Substance of Hope: Barack Obama and the Paradox of Progress. New
York: Walker & Company.
Collina, Terry, and Terence Chea
2009 “Fatal Police Shooting Sparks Violent Protests.” San Mateo Daily
Journal, January 9.
Colwell, Kimberly, and Jayne Williams
2009 “Final Report: BART Internal Investigation Re January 1, 2009
Fruitvale BART Station (Oscar Grant) Incident.” Oakland: Meyers
Nave. At https://www.documentcloud.org/documents/5985412-CPRA-
NYE-2009-OSCAR-GRANT-IA09A002-Final-Report.html.
Communities for a Better Environment, Urban Habitat, and Public Advocates, Inc.
2006 “MTC, Where Are Our Buses?: Challenging the Bay Area’s Separate
and Unequal Transit System,” December 6. At http://libraryarchives.
metro.net/DPGTL/publications/2006_mtc_where_are_our_buses.pdf.
Cook, David “Davey D.”
2009 “Oscar Grant, Young Father and Peacemaker, Executed by BART
Police.” San Francisco Bay View, January 6.
Dean, Terrance
2016 “Fire This Time: James Baldwin, Futurity, and a Call and Response.”
Black Theology 14 (1): 69–83.
Doyle, Aaron
2003 Arresting Images: Crime and Policing in Front of the Television Camera.
Toronto: University of Toronto Press.
124 César “che” Rodríguez
Doyle, Jim
2009a “BART Cop Recalled as ‘Gentle Giant’ as a Kid.” San Francisco
Chronicle, January 10.
2009b “Black Law Group to Conduct Review.” San Francisco Chronicle, April
24.
Drummond, Tammerlin
2009 “Tammerlin Drummond: Turn Down the Heat in Oakland.” Oakland
Tribune, January 15.
Dunlap, Kamika
2009 “Jerry Brown Appoints Prosecutor to Oversee BART Probe.” Oakland
Tribune, January 10.
East Bay Alliance for a Sustainable Economy
2008 “Flatlined: Economic Pain in the East Bay—Income Disparities,
Poverty, and Low Quality Jobs.” 2008 Labor Day Census Data
Summary. Oakland: East Bay Alliance for a Sustainable Economy.
2012 “The State of Work in the East Bay and Oakland.” Oakland, CA: East
Bay Alliance for a Sustainable Economy.
Edwards, Frank, Michael H. Esposito, and Hedwig Lee
2018 “Risk of Police-Involved Death by Race/Ethnicity and Place, United
States, 2012–2018.” American Journal of Public Health 108 (9): 1241–48.
Edwards-Tiekert, Brian, and Cat Brooks
2019 “Sudan Military Crackdown Leaves over 100 Dead; Plus: 242
people have been shot and killed by Bay Area law enforcement since
2009.” UpFront. Berkeley: KPFA. At https://kpfa.org/episode/upfront-
june-6-2019/.
Egelko, Bob
2009 “Brown Wants D.A. in BART Shooting Case to Act Swiftly.” San
Francisco Chronicle, January 11.
Egelko, Bob (cont.)
2011 “Johannes Mehserle, 4 Other BART Officers Cleared.” San Francisco
Chronicle, December 2.
Eskenazi, Joe
2009a “S.F. Police Union President: ‘I Would Bet My Kids’ Lives’ Oscar Grant
Shooting an Accident.” SF Weekly, January 14. At https://www.sfweekly.
com/news/s-f-police-union-president-i-would-bet-my-kids-lives-oscar-
grant-shooting-an-accident/.
2009b “Shoot First: Mehserle Likely Only Bay Area Cop Ever Charged with
Murder for On-Duty Killing.” SF Weekly, January 14. At https://www.
sfweekly.com/news/shoot-first-mehserle-likely-only-bay-area-cop-ever-
charged-with-murder-for-on-duty-killing/.
Fagan, Kevin, Henry K. Lee, and Janine DeFao
2000 “Oakland Reins In Its Rough ‘Riders.’” San Francisco Chronicle, October
2, 2000.
Fernandez, Lisa
2019 “Report Describes BART Police as ‘Seriously Deficient’ After Oscar
Grant Shooting.” KTVU.com, May 2. At https://www.ktvu.com/news/
“Oscar Did Not Die in Vain” 125
report-describes-bart-police-as-seriously-deficient-after-oscar-grant-
shooting.
Ferrer, Christine Joy
2009 “The Art of Protest: The Oscar Grant Memorial Arts Project.” Race,
Poverty & the Environment 16(1): 40–43.
Fishman, Mark, and Gray Cavender, eds.
1998 Entertaining Crime: Television Reality Programs. New York: Aldine de
Gruyter.
Fulbright, Leslie
2009 “Many See Race as Central to BART Killing.” San Francisco Chronicle,
January 11.
G., Laura
2009 “First Day of Testimony at Johannes Mehserle Hearing.” Oakland
Examiner, May 18.
Gackle, Paul
2011 “Critics, Officers Debate Need for BART Police Force.” San Francisco
Examiner, November 27.
Gafni, Matthias
2019 “BART Cop Seen as Lying in Death of Oscar Grant.” San Francisco
Chronicle, May 2.
Gilmore, Amir, and Pamela Bettis
2021 “Antiblackness and the Adultification of Black Children in a U.S.
Prison Nation.” Oxford Research Encyclopedia of Education, 1–32.
Oxford: Oxford University Press.
Gonzales, Sandra
2009a “Quietly, Valley Rings in 2009.” San Jose Mercury News, January 2.
2009b “BART Officer Jailed, Charged with Unarmed Man’s Murder - March,
Peaceful at First, Turns Violent at End.” San Jose Mercury News, January 15.
Goodman, Amy
2020 “The Case for Prison Abolition: Ruth Wilson Gilmore on COVID-19,
Racial Capitalism and Decarceration.” Democracy Now!, May 5. At
https://www.democracynow.org/2020/5/5/ruth_wilson_gilmore_abolition_
coronavirus.
Gordon, Rachel
2009a “BART Seeks Framework for Police Oversight.” San Francisco Chronicle,
February 12.
2009b “Board Meeting Challenged by Storm of Protest.” San Francisco
Chronicle, February 13.
Gordon, Rachel, and Steve Rubenstein
2009 “BART Directors Listen, Then Apologize, Promise Reforms.” San
Francisco Chronicle, January 9.
Guha, Ranajit
1994 “The Prose of Counter-Insurgency.” In Culture/Power/History: A Reader
in Contemporary Social Theory, edited by Nicholas B. Dirks, Geoff Eley,
and Sherry B. Ortner, 336–71. Princeton: Princeton University Press.
126 César “che” Rodríguez
Haley, Amber D., Emily Zimmerman, Steven H. Woolf, and Benjamin F. Evans
2012 “Neighborhood-Level Determinants of Life Expectancy in Oakland,
CA.” Center on Human Needs, Virginia Commonwealth University,
September.
Harris, Harry
2009 “District Attorney Files Charges against 3 Protesters in Oakland.”
Oakland Tribune, January 9.
Harris, Harry, Eric Kurhi, and Chris Metinko
2009 “Many Questions Remain Unanswered in Fatal BART Shooting.”
Oakland Tribune, January 2.
Head, Tom
2010 It’s Your World, So Change It: Using the Power of the Internet to Create
Social Change. Indianapolis: Que Publishing.
Heredia, Chistopher
2008 “Oakland Police Force at Record 837 Officers.” San Francisco Chronicle,
November 15.
Heredia, Christopher, Carolyn Jones, and Leslie Fulbright
2009 “18 Arrested at Rally to Protest BART Killing.” San Francisco Chronicle,
January 15.
Herzing, Rachel
2010 “Resisting the Violence of Policing: Oakland Responds to the Murder
of Oscar Grant, III.” The Abolitionist: A Critical Resistance Publication
11(1). At https://abolitionistpaper.files.wordpress.com/2011/01/
abolitionist-issue-11-winter-2010-english-and-spanish.pdf.
Herzing, Rachel, and Isaac Ontiveros
2010 “Responding to Police Killing: Questions and Challenges for
Abolitionists.” Criminal Justice Matters 82(1): 38–40.
Hill, Angela, and Harry Harris
2009 “Slain Man’s Mother Pleads for Peace.” San Jose Mercury News, January 9.
Hill, Angela, Harry Harris, and Kelly Rayburn
2009 “Grant’s Family Pleads for Peace.” Oakland Tribune, January 8.
Hopper, Allen
2011 “BART Must Collect Data on Police Racial Profiling.” Oakland
Tribune, March 15.
Id, Dave
2009a “Rally and Rage Over BART Police Murder of Oscar
Grant.” IndyBay.org, January 8. At https://www.indybay.org/
newsitems/2009/01/08/18559668.php.
2009b “Oscar Grant III Graffiti, Murals, Stickers, Stencils, and Wheatpaste,
Part 2.” Indybay.org, March 11. At https://www.indybay.org/
newsitems/2009/03/11/18576262.php.
2009c “Notes from the Citizens’ Police Review Board Meeting, Oakland,
2/5/09.” Indybay.org, February 6. At https://www.indybay.org/
newsitems/2009/02/06/18568540.php.
2018 “A Celebration of the Justice for Oscar Grant Protesters.”
Indybay.org, December 31. At https://www.indybay.org/
newsitems/2018/12/31/18820046.php.
“Oscar Did Not Die in Vain” 127
James, C.L.R.
1984 The Black Jacobins: Toussaint L’Ouverture and the San Domingo
Revolution. London: Allison & Busby.
Jayadev, Raj
2009 “Much Harder to ‘Spin’ Police Violence in Web 2.0 Era.” San Jose
Mercury News, January 12.
Johnson, Gaye Theresa
2008 “Constellations of Struggle: Luisa Moreno, Charlotta Bass, and the
Legacy for Ethnic Studies.” Aztlan: A Journal of Chicano Studies 33(1):
155–72.
2013 Spaces of Conflict, Sounds of Solidarity: Music, Race, and Spatial
Entitlement in Los Angeles. Berkeley: University of California Press.
Jonas, Andrew E. G., and David Wilson, eds.
1999 The Urban Growth Machine: Critical Perspectives Two Decades Later.
Albany: State University of New York Press.
Jones-Brown, Delores
2009 “The Right to Life?: Policing, Race, and Criminal Injustice.” Human
Rights 36(2): 6–23.
Joyce, Mary
2010 Digital Activism Decoded: The New Mechanics of Change. New York:
International Debate Education Association.
Judis, John
2018 “‘Democratic Socialism Will Prevail’: An Interview with Ron Dellums
in 1976.” In These Times, July 30. At https://inthesetimes.com/article/ron-
dellums-death-democratic-socialist-dsa-antiwar-1976-interview.
Jue, Tim
2009 “Criticism Mounts as Home Videos Show BART Cop Shooting,
Killing Unarmed Rider.” California Beat, January 4.
Keenan, Kevin M., and Samuel Walker
2005 “An Impediment to Police Accountability? An Analysis of Statutory
Law Enforcement Officers’ Bills of Rights.” Boston University Public
Interest Law Journal 14(2): 185–244.
Kellery, Joel, and Gail Murray
2009 “Reader’s Forum: Joel Keller and Gail Murray, Everyone Is Entitled to
Due Process.” Oakland Tribune, January 16.
Kelley, Robin D.G.
2020 “Insecure: Policing Under Racial Capitalism.” Spectre 1(2): 12–37.
2017 “What Did Cedric Robinson Mean by Racial Capitalism?” Boston
Review, January 12. At https://bostonreview.net/race/robin-d-g-kelley-
what-did-cedric-robinson-mean-racial-capitalism.
2000 Foreword to Black Marxism: The Making of the Black Radical Tradition,
by Cedric Robinson, xi–xxvi. Chapel Hill: University of North Carolina
Press.
Klein, Susan R.
2017 “Transparency and Truth during Custodial Interrogations and Beyond.”
Boston University Law Review 97(3): 993–1045.
128 César “che” Rodríguez
Metinko, Chris
2009a “Former BART Officer Waives Extradition; Arraignment Today.”
Oakland Tribune, January 14.
2009b “Students from Oakland, Berkeley Protest BART Shooting.” Oakland
Tribune, January 16.
Metinko, Chris, Kelly Rayburn, and Steve Harmon
2009 “BART Officer Extradited to East Bay.” Contra Costa Times, January 15.
Monroe, Becky
2011 “America’s Peacemaker: Annual Report Fiscal Year 2010.” Washington,
DC: Community Relations Service, US Department of Justice.
At https://www.justice.gov/sites/default/files/crs/legacy/2011/05/09/
annualreport2010.pdf.
Morris, Scott
2019 “Since Oscar Grant, 242 People Shot and Killed by Police in Bay Area.”
Oakland Reporter (blog), May 15. At https://www.oaklandreporter.
org/2019/05/since-oscar-grant-242-people-shot-and-killed-by-police-in-
bay-area.html.
Myrow, Rachel
2018 “10 Years Later: Oscar Grant’s Legacy Continues to Inspire Artists
and Activists.” KQED.org, December 28. At https://www.kqed.org/
forum/2010101868925/10-years-later-oscar-grants-legacy-continues-to-
inspire-artists-and-activists.
NBC Bay Area
2009 “BART Completes Shooting Investigation,” January 11. At https://
www.nbcbayarea.com/news/local/bart-holds-community-meeting-over-
deadly-shooting/1887977/.
Nguyen, Ly-Huoang, and Terry Marshall
2003 “Chronology of California School District Takeovers.” Data Center,
Youth Strategy Project. At http://www.datacenter.org/wp-content/
uploads/oaklandtakeover.pdf.
Norwood, Kimberly Jade
2014 “The Far-Reaching Shadow Cast by Ferguson.” Washington University
Journal of Law & Policy 46(1): 1–22.
Oakland Fund for Children and Youth
2012 “Appendix A: Oakland Youth Indicator Report.” In Oakland Kids First!:
2013–2016 Strategic Investment Plan. At https://www.ofcy.org/assets/
Strategic-Plan/OFCY-Strategic-Plan-FULL-VERSION-082014.pdf.
Oakland Tribune
2010 “BART to Redistribute Tasers to Police Force,” June 8, 2010.
O’Brien, Matt
2014 “Reforms Didn’t Prepare BART Police for Latest Tragedy.” Oakland
Tribune, January 22.
Ogletree, Charles J.
2010 The Presumption of Guilt: The Arrest of Henry Louis Gates, Jr. and Race,
Class, and Crime in America. New York: Palgrave Macmillan.
“Oscar Did Not Die in Vain” 131
Olmos, Daniel
2019 “Racialized Im/Migration and Autonomy of Migration Perspectives:
New Directions and Opportunities.” Sociology Compass 13(1): 1–14.
Osuna, Steven
2020 “Transnational Moral Panic: Neoliberalism and the Spectre of MS-13.”
Race & Class 61 (4): 3–28.
Owens, Marcus, and Christina Antiporda
2017 “Occupied Oakland, Past and Present.” City Unsilenced: Urban Resistance
and Public Space in the Age of Shrinking Democracy, edited by Jeffrey Hou
and Sabine Knierbein, 156–69. New York: Routledge.
Parks, Gregory, and Matthew W Hughey
2012 Twelve Angry Men: True Stories of Being a Black Man in America Today.
New York: New Press.
Paybarah, Azi
2020 “Officer Charged in Fatal Shooting of a Black Man in a California
Walmart.” New York Times, September 2.
Phillips, Alfred, Jr.
2011 Righteous Orientation: Self-Healing of Source-Ken World, Stimulation of
the Great-Global Source-Ken Family. Bloomington, IN: iUniverse.
Pipkins, Martel A.
2019 “‘I Feared for My Life’: Law Enforcement’s Appeal to Murderous
Empathy.” Race and Justice 9(2): 180–96.
Praxis Project
2010 “Justice for Oscar Grant and the Struggle for Police Accountability.”
In Fair Game: A Strategy Guide for Racial Justice Communications in the
Obama Era, 42–46. Washington, DC: Praxis Project.
Preuitt, Lori, and Jodi Hernandez
2009 “Rarely Seen Video Played at Mehserle Hearing.” NBC Bay Area, May
19.
Raider Nation Collective
2010a Raider Nation: Volume 1, From the January Rebellions to Lovelle Mixon
and Beyond. Oakland: Raider Nation Collective.
2010b “Lessons Never Learned: Nonprofits and the State, Redux.” IndyBay.org,
June 30. At https://www.indybay.org/newsitems/2010/06/30/18652347.php.
Rayburn, Kelly
2008 “Dellums Unhappy HBO Drama about Pimp Set in Oakland.” Oakland
Tribune, December 20.
2009a “Oakland Pledges Help to Damaged Businesses.” Oakland Tribune,
January 9.
2009b “City Wise: Anger Turns to Hope for Oakland Merchants.” Oakland
Tribune, January 17.
Rayburn, Kelly, and Sean Maher
2009a “Former BART Cop Arrested on Murder Charge in Nevada.” Oakland
Tribune, January 13.
2009b “Ex-BART Cop Arrested in Shooting Death—Authorities Hope
Move Calms Oakland Tensions, Prosecutors Expected to Discuss Case
Today.” San Jose Mercury News, January 14.
132 César “che” Rodríguez
Redmond, Tim
2009 “Lethal Force: The BART Police Department Operates without
Oversight or Accountability—but with Plenty of Attack Dogs and
12-Gauge Shotguns.” San Francisco Bay Guardian, January 5.
Richman, Josh
2009a “BART Shooting Probe Could Have Many Layers.” Oakland Tribune,
January 8.
2009b “Lawmakers Propose Bill for BART Police Oversight.” Oakland
Tribune, January 8e.
2009c “BART Shooting Case Far from Open, Shut.” Contra Costa Times,
January 9.
2009d “Activists Plan More BART Shooting Protests.” Oakland Tribune,
January 12.
2009e “Activists Still Call for DA’s Ouster.” The Argus, January 15.
Richman, Josh, and Sean Maher
2009 “BART Police Shooter Quits Job, Skips Interview.” East Bay Times,
January 7.
Robinson, Cedric J.
2000 Black Marxism: The Making of the Black Radical Tradition. Chapel Hill,
NC: University of North Carolina Press.
2007 Forgeries of Memory and Meaning: Blacks and the Regimes of Race in
American Theater and Film before World War II. Chapel Hill, NC:
University of North Carolina Press.
2013 “What Is to Be Done? The Future of Critical Ethnic Studies.” Plenary
lecture at Critical Ethnic Studies Association Conference, University of
Illinois, Chicago, September 21.
Rodríguez, César “che”
2020 “‘The Whole Damn System Is Guilty’: Urban Violence, the Principal
Contradiction of Racial Capitalism, and the Production of Premature
Death in Oakland, California.” Critical Sociology 46(7/8): 1057–74.
Rosenhall, Laurel
2019 “California’s Attempt to Reduce Police Shootings, Explained.”
CalMatters.org, July 18.
Rosynsky, Paul T.
2009 “Oakland Mayor Calls for Calm after Bail Set for Ex-BART Cop.” San
Jose Mercury News, January 31.
Rubenstein, Steve
2009 “BART Passenger Accuses Ex-Officer of Violence in November
Incident.” San Francisco Chronicle, January 15.
Rushin, Stephen
2016 “Police Union Contracts.” Duke Law Journal 66(6): 1191–1266.
2018 “Police Disciplinary Appeals.” University of Pennsylvania Law Review
167(3): 545–610.
Rutten, Tim
2009 “Oakland Murder Mystery.” Los Angeles Times, January 17.
“Oscar Did Not Die in Vain” 133
Tibbs, Donald F.
2009 “Who Killed Oscar Grant: A Legal-Eulogy of the Cultural Logic of
Black Hyper-Policing in the Post-Civil Rights Era.” Journal of Race,
Gender and Poverty 1(1): 1–34.
Tucker, Jill
2009 “No Cuffs on Man Shot by Officer, BART Maintains.” San Francisco
Chronicle, January 3.
Tucker, Jill, Kelly Zito, and Heather Knight
2009a “Deadly BART Brawl—Officer Shoots Rider, 22.” San Francisco
Chronicle, January 2.
2009b “New Year BART Brawl—Officer Shoots Rider, 22.” San Francisco
Chronicle, January 2.
Unfinished Acts: January Rebellions, Oakland, California 2009
2012 Oakland. At https://unfinishedacts.noblogs.org/files/2015/12/
unfinished_2012_4web.pdf.
Vest, Jennifer Lisa
2013 “What Doesn’t Kill You: Existential Luck, Postracial Racism, and the
Subtle and Not So Subtle Ways the Academy Keeps Women of Color
Out.” Seattle Journal for Social Justice 12(2): 471–518.
Vitale, Alex S.
2017 The End of Policing. London: Verso.
Warren-White, Josh
2009 “No Bail for Killer Cops!” Indybay.org, January 30.
Waxmann, Laura
2019 “Fruitvale BART Station Mural Honors Oscar Grant 10 Years after
Shooting Death.” The San Francisco Examiner, June 8.
Wells-Barnett, Ida B.
1893 “Lynch Law in All Its Phases.” Voices of Democracy: The US Oratory
Project. At https://voicesofdemocracy.umd.edu/wells-lynch-law-speech-text/.
Winston, Ali
2011 “Deadly Secrets: How California Law Shields Oakland Police
Violence.” Colorlines, August 17, 2011. At http://colorlines.com/
archives/2011/08/deadly_secrets_how_california_law_has_shielded_
oakland_police_violence.html.
Woodall, Angela
2009 “BART Hires Law Firm to Probe Grant Shooting.” Oakland Tribune,
February 11.
Woodall, Angela, and Kelly Rayburn
2009 “BART Shooting Sparks Protests, Violence, Sadness Amid a Storm.”
Contra Costa Times, January 8.
Woodall, Angela, Kelly Rayburn, and Martin G. Reynolds
2009a “Hundreds Gather on Oakland Streets to Protest BART Shooting.”
Oakland Tribune, January 7.
Woodall, Angela, Kristin Bender, Kelly Rayburn, and Cecily Burt
2009b “Fragile Grip on Peace Tested.” Contra Costa Times, January 15.
“Oscar Did Not Die in Vain” 135
Woods, Clyde
2002 “Life After Death.” The Professional Geographer 54(1): 62–66.
Zazaboi, Yakpasua
2006 Sydewayz. Baywood Park, CA: Sydeshow World/Destroy
Entertainment.
160 ABSTRACTS
The protests fueled by the murders of George Floyd and Breonna Taylor
during the summer of 2020 provided another catalyst for conversations about
racialized police killings in the United States. For at least the second time
in a decade, the nation’s attention shifted toward calls for police reforms.
However, any real conversation about resolving racialized police violence
must contextualize the role of Criminology and Criminal Justice (CCJ) in
legitimizing police and perpetuating harm. Through a historical analysis we
seek to demonstrate the symbiotic link between CCJ and police. By tracing
August Vollmer’s early role in the development of the field to the current
state of funding and research, we demonstrate that CCJ is inextricably linked
to racialized police violence.
This article examines the first month of the Oscar Grant moment in Oak-
land, California—January 2009—as the first episode in a broader pattern
of popular mobilizations within the United States during the past decade
against police violence. This moment disrupted the cultural and juridical
strategies that law enforcement officers and agencies who harm, maim, and
kill people use to produce impunity. Revelers turned citizen-journalists broke
the cultural production of police impunity, as they produced and shared
impromptu video footage that neutralized the information management
and narrative framing strategies that law enforcement officers and agen-
cies normally deploy to exonerate themselves. In turn, people resisted via
mass mobilizations, direct actions, and rebellions, which broke the juridical
production of police impunity, as government officials in local and federal
government reacted by conceding the historic arrest and incarceration of a
law enforcement officer for an on-duty murder. Furthermore, this intense
period of activism forced rare modicums of transparency and reforms of
the Bay Area Rapid Transit (BART) police department. Ultimately, this
manuscript aims to intervene in journalistic and popular repudiations of
popular struggle, particularly rebellions, as well as despondent analytical
ABSTRACTS 161