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86-559: Oscar Grant III was a 22-year-old Black man who was killed in the early morning hours of New Year's Day 2009 by BART Police Officer Johannes Mehserle in Oakland, California . Responding to reports of a fight on a crowded Bay Area Rapid Transit train returning from San Francisco , BART Police officers detained Grant and several other passengers on the platform at the Fruitvale BART Station . BART officer Anthony Pirone kneed Grant in
172-547: A meat cutter at Farmer Joe's Marketplace in Oakland's Dimond District after jobs at several Kentucky Fried Chicken outlets. He had attended both San Lorenzo and Mount Eden high schools in San Lorenzo and Hayward, respectively, until the 10th grade and eventually earned his GED . Grant was on parole at the time of his death, having been released from prison following a sixteen-month sentence for gun possession. Grant's funeral
258-495: A $ 25 million wrongful death claim against BART on behalf of Grant's family. BART settled with Grant's daughter and mother for a total of $ 2.8 million in 2011. It also settled with several of Grant's friends who had sued for damages because of police brutality . A separate suit by Grant's father did not result in a jury award, as it was decided that due to his imprisonment he was not sufficiently involved in Grant's life. The killing, and
344-662: A Christian context is traced back to the Biblical Magi who gave gifts to the Christ Child . In Tudor England , 1 January (as the Feast of the Circumcision, not New Year's Day), along with Christmas Day and Twelfth Night , was celebrated as one of three main festivities among the twelve days of Christmastide . Most nations of Europe and their colonies officially adopted 1 January as New Year's Day somewhat before they adopted
430-484: A case) varies according to how the death occurred. For example, in Oregon , many wrongful death claims are subject to a three-year statute of limitations - but there are many exceptions, including: when alcohol is involved, when a public body is involved, or in product liability claims. One of the most difficult wrongful death issues — and a particularly poignant illustration of how wrongful death expands liability beyond what
516-467: A cell-phone video which appeared to show a second officer punching Grant in the face prior to the shooting. In late February, KRON 4 aired a clip of a video showing a different angle of this altercation. BART spokesperson Linton Johnson described the surveillance footage from the Fruitvale platform cameras as "benign". He said the platform cameras had recorded some of the incident, but footage did not include
602-535: A contingent of angry protesters surrounded a police car. The officer driving the car fled on foot. Meanwhile, a group of 30 to 40 demonstrators broke out the cruiser's windows and attempted to overturn it. A line of police wearing gas masks swept up behind the rear of the march and deployed tear gas in an attempt to disperse the crowd. The protest continued as the crowd marched along 8th Street through Chinatown. At Broadway, officers wearing gas masks deployed more tear gas canisters and acted quickly to charge and disperse
688-464: A convention established by NASA , the Martian year begins on its Northward equinox , the spring equinox of its northern hemisphere. Its most recent New Year's Day (of MY 37) coincided with 26 December 2022 on Earth's Gregorian calendar. New Year's Day of MY 38 will coincide with 12 November 2024. The first of January represents the fresh start of a new year after a period of remembrance of
774-614: A criminal defense attorney and refused to speak to the authorities, invoking the Public Safety Officers Procedural Bill of Rights Act (California Government Code section 3300–3313) and the Fifth Amendment , claiming potential self-incrimination. BART organized an internal investigation of the incident. On January 5, 2009, Mehserle's attorney postponed a scheduled meeting by BART investigators, seeking to defer it. BART Police administration and investigators commanded
860-406: A higher burden of proof. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder , manslaughter , criminally negligent homicide , or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson murder case ). In Australia , the standard of proof in
946-406: A person's death would not. Some jurisdictions recognized a common law right of recovery for wrongful death, reasoning that "there is no present public policy against allowing recovery for wrongful death." In other jurisdictions the cause of action did not exist until the passage of a wrongful death statute. Jurisdictions that recognize the common law right to recovery for wrongful death have used
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#17330851869271032-588: A special "Flash Pass" for the New Year's Eve holiday. At approximately 2:00 a.m. PST, BART Police responded to reports of a physical altercation involving up to 20 people on an incoming train from the West Oakland BART Station ; the participants were described as "hammered and stoned". BART Officers Tony Pirone and Marysol Domenici were the first officers to arrive at the scene. The officers removed Grant and several other men suspected of fighting from
1118-466: A specific racial/ethnic group or sexual minority , (week) = week-long holidays, (month) = month-long holidays, (36) = Title 36 Observances and Ceremonies Wrongful death claim Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. The claim is brought in a civil action , usually by close relatives, as authorized by statute . In wrongful death cases, survivors are compensated for
1204-422: A wrongful death action is ' on the balance of probabilities '. To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver . "Wrongful death" is a cause of action, or type of claim, that can be brought when one person or entity wrongfully causes someone's death. It allows a lawsuit to be filed even though the person who was harmed is no longer alive to bring
1290-807: The Baby New Year (or the "New Year"), an infant wearing a sash with the new year printed on it. Babies born on New Year's Day are commonly called New Year babies . Hospitals, such as the Dyersburg Regional Medical Center in the US, give out prizes to the first baby born in that hospital in the new year. These prizes are often donated by local businesses. Prizes may include various baby-related items such as baby formula , baby blankets , diapers , and gift certificates to stores which specialise in baby-related merchandise. On New Year's Day in Antarctica ,
1376-631: The Byzantine year, which used the Julian calendar, to begin on 1 September; this date is still used in the Eastern Orthodox Church for the beginning of the liturgical year. At various times and in various places throughout mediaeval Christian Europe , the new year was celebrated on 25 December in honour of the birth of Jesus ; 1 March in the old Roman style ; 25 March in honour of Lady Day (the Feast of
1462-638: The Kingdom of Great Britain and the British Empire at the time had retained 25 March as the official start of the year, although informal use of 1 January had become common. With the Calendar (New Style) Act 1750 , Britain and the Empire formally adopted 1 January as New Year's Day in 1752 and, with the same Act, also discarded the Julian calendar at the end of Wednesday, 2 September of that same year (though
1548-566: The kalends of January and the pontiffs employed intercalation to avoid its occurrence. The Julian calendar, proposed by Julius Caesar in 46 BC, was a reform of the Roman calendar . It took effect on 1 January 45 BC , by edict. The calendar became the predominant calendar in the Roman Empire and subsequently, most of the Western world for more than 1,600 years. The Roman calendar began
1634-757: The Annunciation , the date of the conception of Jesus); and on the movable feast of Easter . As a date in the Christian calendar, New Year's Day liturgically marked the Feast of the Naming and Circumcision of Jesus , which is still observed as such in the Anglican Church , the Lutheran Church , the Eastern Orthodox Church (Julian calendar, see below ) and in Traditional Catholicism by those who retain
1720-619: The Bay Area Rapid Transit (BART) Police in March 2007. After the shooting, he was denounced by many witnesses, who reported to the media that he had shot Grant without any reason. Oscar Grant had been celebrating with his friends at The Embarcadero in San Francisco on New Year's Eve. He and about eight friends returned to East Bay in the lead car of a BART train bound for Fruitvale , a station in Oakland. BART offered extended service and
1806-527: The Gregorian and Julian) begin the year regularly at or near the northern winter solstice , while cultures and religions that observe a lunisolar or lunar calendar celebrate their Lunar New Year at less fixed points relative to the solar year . In pre-Christian Rome under the Julian calendar , the day was dedicated to Janus , god of gateways and beginnings, for whom January is also named. From Roman times until
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#17330851869271892-550: The Gregorian calendar . France changed to 1 January from 1564, most of Germany did so from 1544, the Netherlands from 1556 or 1573 according to sect, Italy ( pre-unification ) did so on a variety of dates, Spain and Portugal from 1556, Sweden, Norway and Denmark from 1599, Scotland from 1600, and Russia from 1700 or 1725. England, Wales, Ireland, and Britain's American colonies adopted 1 January as New Year's Day from 1752. Until Tuesday, 31 December 1751 (except Scotland),
1978-487: The Julian Calendar for ecclesiastical purposes. As 1 January (Julian) equates to 14 January (Gregorian), a religious celebration of the New Year on this date may seem strange to Western eyes. In cultures and religions that traditionally or currently use calendars other than the Gregorian, New Year's Day is often also an important celebration. Some countries concurrently use Gregorian and another calendar. New Year's Day in
2064-404: The March new year continued for some time and there is no consensus on the question of the timing for 1 January's new status. Once it became the new year, however, it became a time for family gatherings and celebrations. A series of disasters, notably including the failed rebellion of M. Aemilius Lepidus in 78 BC, established a superstition against allowing Rome's market days to fall on
2150-628: The Old Woman], little deer or iotticos or set tables [for the house-elf, compare Puck ] at night or exchange New Year gifts or supply superfluous drinks [another Yule custom]." However, on the date that European Christians celebrated the Feast of the Circumcision, they exchanged Christmas presents because the feast fell within the 12 days of the Christmas season in the Western Christian liturgical calendar ; The custom of exchanging Christmas gifts in
2236-606: The Paramount Theater, where police detained around 80 individuals for various offenses. Most were cited and released for complaints which include inciting a riot, vandalism , assault on a police officer, and arson . Police recovered two handguns from the rioters. Around 120 people in total were arrested for offenses arising from the protests during the course of the evening. Two have been charged to date. Fruitvale, Lake Merritt , and 12th Street Oakland City Center BART stations were temporarily shut down at various points during
2322-422: The actions are otherwise unrelated). The Act came into effect "following the last said day of December 1751". By 1750, adjustments needed to be made for an eleven-day difference between the older Julian calendar and the newer (and more accurate) Gregorian calendar. There was some religious dissent regarding feast days being moved, especially Christmas Day (see Old Christmas ), and isolated communities continued
2408-522: The alternative calendar attracts alternative celebrations of that new year: The major religions of the Middle East are Islam and Judaism : their adherents worldwide celebrate the first day of their respective new religious calendar years. The two primary sects of Islam are Sunni Islam and Shia Islam . They have different calendars though for both the epoch of the calendar is the Hijrah . According to
2494-476: The carefully restored historic woodwork and terra cotta on the nearly restored Fox Theater. Damage to the Fox was preliminarily estimated at $ 10,000 to $ 20,000. As the rioting moved east toward Lake Merritt, Oakland Mayor Ron Dellums and Larry Reid held an impromptu press conference at 14th and Jackson Streets, along the spine of the rioting, and called for the crowd to disperse peacefully. Dellums peacefully marched with
2580-463: The case. Each state has its own wrongful death statute and, although the details of the statutes vary significantly from state to state, the roots of most can be traced back to Lord Campbell's Act , passed by the United Kingdom's Parliament in 1846. In some states, the family of the decedent must bring two different types of claims: a "wrongful death" claim to recover the "full value of the life" of
2666-490: The coming year. This day is traditionally a religious feast , but since the 1900s has also become an occasion to celebrate the night of 31 December—New Year's Eve—with parties, public celebrations (often involving fireworks shows) and other traditions focused on the impending arrival of midnight and the new year. Watchnight services are also still observed by many. The celebrations and activities held worldwide on 1 January as part of New Year's Day commonly include
Killing of Oscar Grant - Misplaced Pages Continue
2752-410: The concrete platform, puncturing his lung. According to one witness, Grant yelled, "You shot me! I got a four-year-old daughter!" Grant died seven hours later, at 9:13 a.m., at Highland Hospital in Oakland. Initially, there were rumors that Grant was handcuffed before he was killed. However, court filings by the district attorney's office state that Grant's hands were behind his back and that he
2838-420: The condition of the roadway. In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Under common law, a dead person cannot bring a suit (under the maxim actio personalis moritur cum persona ), and this created an anomaly in which activities that resulted in a person's injury would result in civil sanction, but activities that resulted in
2924-580: The crowd as they approached the vicinity of Oakland Police headquarters at 7th and Broadway. The protest regrouped downtown at the intersection of 14th and Broadway, blocking motor vehicle traffic. Some of the protesters lay face down in the intersection, in a symbolic act of solidarity with Grant, who was killed in the same position. Others shouted at police and chanted in unison. Others carried signs that read, "Your idea of justice?" and "Jail Killer Cops" and lit candles in remembrance of Grant. Police in helmets and gas masks grouped in standing line formations on
3010-456: The crowd back West along 14th Street to the steps of City Hall, where he attempted to address the crowd. After the crowd reacted negatively, he cut the meeting short and entered City Hall. Demonstrators continued through City Hall Plaza, with angry splinter groups of rioters smashing the windows of Oakland Police Department 's Internal Affairs and Recruiting Office at the east side of 250 Frank Ogawa Plaza. Windows of police cruisers parked outside
3096-547: The crowds. During the course of the evening of January 8, there was peaceful protest, with some of the protesters turning to rioting and rampant property vandalism . A black bloc and other rioters smashed hundreds of car and shop windows, several private cars, and numerous trash containers and dumpsters. Public buildings such as the Oakland Police Internal Affairs office and the almost restored Fox Theatre were heavily vandalized. The rioting wound down later in
3182-490: The deceased, and a survival claim on behalf of the decedent's estate to recover for funeral expenses, pain and suffering, or punitive damages. The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt . Each state has different laws regarding wrongful death claims. In most states, the statute of limitations (time limit to file
3268-450: The eighth day of his life (1 January). The Roman Catholic Church celebrates on this day the Solemnity of Mary, Mother of God , which is also a Holy Day of Obligation . Johann Sebastian Bach composed several church cantatas for the double occasion: (federal) = federal holidays, (abbreviation) = state/territorial holidays, (religious) = religious holidays, (cultural) = holiday related to
3354-487: The evening. Numerous media photographers and videographers, both affiliated and independent, filmed the scene from close proximity on the ground. Media helicopters shot video of developments from overhead, which were broadcast in real time on local television stations. New Year%27s Day In the Gregorian calendar , New Year's Day is the first day of the calendar year , 1 January. Most solar calendars (like
3440-532: The evening. Police made at least 105 arrests for suspicion of various offenses. More than 300 businesses were affected by the vandalism. Community members and activists decried the shooting incident as another case of police brutality . There was a broad public perception that BART Police and the Alameda County District Attorney's office were not conducting an effective investigation because, according to an East Bay Times article, BART completed
3526-439: The face multiple times, two minutes before the shooting occurred. Grant's family alleges in their civil claim against BART that an officer threw Grant against a wall and kneed him in the face. Videos captured by bystanders contradicted Pirone's claims to investigators, showing Grant, a 22-year-old Hayward resident, never tried to punch or kick Pirone. To the contrary, the internal investigation report found that Pirone struck Grant in
Killing of Oscar Grant - Misplaced Pages Continue
3612-400: The family. Domenici testified at the investigation hearing. She was terminated by BART based on an accusation that she was untruthful in her statements to transit investigators. She appealed the firing. On December 18, 2010, it was reported that San Francisco labor arbitrator William Riker ordered the former officer re-instated with full back pay because there was no basis to find that Domenici
3698-461: The fight. Pirone saw Grant and removed him. On January 30, 2010, Alameda County prosecutors charged Mehserle with second-degree murder in their indictment for the shooting. Mehserle resigned from his position and pleaded not guilty. The trial began on June 10, 2010. On July 8, 2010, Mehserle was found guilty of involuntary manslaughter and not guilty of the murder charge and voluntary manslaughter. Though initial protests on July 8, 2010, against
3784-421: The following: Music associated with New Year's Day comes in both classical and popular genres, and there is also Christmas song focus on the arrival of a new year during the Christmas and holiday season . A common image used, often as an editorial cartoon, is that of an incarnation of Father Time (or the "Old Year") wearing a sash across his chest with the previous year printed on it passing on his duties to
3870-470: The harm and losses they have suffered after losing a loved one. Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence , for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice . Dangerous roadway claims result from deaths caused in whole or in part by
3956-406: The head and forced Grant to lie face down on the platform. Mehserle drew his pistol and shot Grant. Grant was rushed to Highland Hospital in Oakland and pronounced dead later that day. The events were captured on bystanders’ mobile phones. Owners disseminated their footage to media outlets and to various websites where it went viral. Both protests and riots took place in the following days. Some of
4042-450: The head and kneed him, likely causing injuries documented in his autopsy, including head fractures and a hematoma . Until the report became public in May 2019, Pirone's attorney had maintained that Grant provoked Pirone by trying to knee the officer in the groin and by hitting Domenici's arm when she tried to handcuff one of Grant's friends. Witnesses testified that Pirone was the aggressor during
4128-423: The incident. An attorney for Grant's family, John Burris, also disputed Pirone's account, saying that Grant and his friends were "peaceful" when the train stopped. Grant raised his hands while seated against the platform wall. Additional footage from a cell phone was presented in court showing Pirone standing over the prone Grant before the shooting and yelling: "Bitch-ass nigger, right?" Pirone and his attorney say he
4214-561: The jury verdict were peacefully organized, after dark there were incidents of looting, arson, destruction of property, and small riots . Nearly 80 people were eventually arrested. On November 5, 2010, Mehserle was sentenced to two years, minus time served. He served his time in Los Angeles County Jail protective custody, held in a private cell for his safety. On June 13, 2011, Mehserle was released under parole after serving 11 months. Oakland civil rights attorney John Burris filed
4300-421: The middle of the 18th century, the new year was celebrated at various stages and in various parts of Christian Europe on 25 December, on 1 March, on 25 March and on the movable feast of Easter . In the present day, with most countries now using the Gregorian calendar as their civil calendar , 1 January according to Gregorian calendar is among the most celebrated of public holidays in
4386-476: The month of Nisan , around the time of the March equinox . The early Roman calendar designated 1 March as the first day of the year. The calendar had just 10 months, beginning with March. That the new year once began with the month of March is still reflected in some of the names of the months. September through to December, the ninth through to the twelfth months of the Gregorian calendar , were originally positioned as
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#17330851869274472-433: The murder charge against Mehserle. Witnesses at the scene said police attempted to confiscate cameras. These claims were never acknowledged by BART police. Orloff, the district attorney, said that several passenger videos that had not been made public were "very helpful" in the investigation. On January 2, KTVU aired a video by an anonymous passenger who submitted a cell phone video of the shooting. On January 23, KTVU aired
4558-418: The officer to attend an investigative interview on January 7. Mehserle did not attend; instead his attorney and his BART Police Officers Association union representative came and submitted his letter of resignation. Mehserle and his family received a number of death threats after videos of the shooting appeared, and he moved at least twice. His parents temporarily left their Napa home because of death threats to
4644-415: The officer." University of San Francisco law professor Robert Talbot said the videos could support a claim of an accidental shooting: "Nothing about his [Mehserle] body looks murderous." Video evidence of the incident were widely broadcast and streamed online. Seven hundred thousand people viewed the videos in the first few days after the shooting. One local television station video posted to its website
4730-434: The officers' actions. Those officers, should things go bad for them, are vastly outnumbered by a group of people who have already voiced their unhappiness with the police." After viewing the shooting from multiple angles, police use-of-force expert Roy Bedard, who initially said he thought the shooting was an accident, changed his mind. He said: "I hate to say this, it looks like an execution to me" and "It really looks bad for
4816-445: The offices were also smashed. The protesters continued east along 17th Street, crossing Broadway and Franklin, where rioters broke numerous storefront windows, before continuing back into Lakeside, lighting discarded Christmas trees on fire. Police continued their efforts to disperse the crowds, and rioting continued on Broadway downtown. The rioting wound down around 10:40 p.m. in the vicinity of 20th Street and Broadway outside
4902-538: The old reckoning to a greater or lesser extent. The years 1800 and 1900 were leap years in the Julian calendar but not in the Gregorian, so the difference increased to twelve days, then thirteen. The year 2000 was a leap year in both calendars. At various stages during the first half of the twentieth century, all countries in Eastern Christendom adopted the Gregorian calendar as their civil calendar but continued, and have continued into modern times, to use
4988-413: The other passengers on the train, along with Grant's girlfriend Sophina, were able to break up the fight. Shortly afterward, the train conductor announced to the passengers that the police had been contacted and were on their way to the station at which they were stopped. As the passengers began to exit the train, Grant and his girlfriend saw the police walking towards them and split up. As they got closer to
5074-424: The passing year, including on radio, television, and in newspapers, which starts in early December in countries around the world. Publications have year-end articles that review the changes during the previous year. In some cases, publications may set their entire year's work alight in the hope that the smoke emitted from the flame brings new life to the company. There are also articles on planned or expected changes in
5160-524: The protesters marched toward Oakland's central business district and downtown. Over 200 Oakland police officers were dispatched in an attempt to disperse the protesters. Police roadblocked streets and diverted vehicle and foot traffic. After entering the central business district , the march continued to BART Police command and control headquarters at 8th & Madison streets near the Lake Merritt BART station. Once at BART Police Command and Control,
5246-517: The protests against it, were an important precursor to the Black Lives Matter movement, which began in 2013. The biographical drama film Fruitvale Station (2013), written and directed by Ryan Coogler , portrays the last 24 hours of Grant's life, his killing, and the immediate aftermath. Oscar Juliuss Grant III (February 27, 1986 – January 1, 2009) lived in Hayward, California . He worked as
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#17330851869275332-433: The right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state or nation. It may be possible for a family to seek retribution against someone who kills or is accused of killing a family member through tort rather than a criminal prosecution, which has
5418-581: The scene along with her partner, Tony Pirone. They tried to take control of passengers coming off the train. Domenici testified at the BART incident hearing that Grant and his friends swore at her and did not obey her orders. She is quoted as having testified that: "If they would've followed orders, this wouldn't have happened. They probably would've just been cited and released." A subsequent internal investigation conducted by an outside law firm retained by BART found that Pirone lied when he claimed to have confirmed with
5504-546: The scene dissolved into a riot along the 14th Street spine. Numerous helicopters which had been airborne throughout the evening converged on the area. Law enforcement helicopters shone powerful spotlights down onto surface streets, while media helicopters shot video, which were broadcast in real time on local television stations. In the ensuing hours, a small clutch of rioters burned the contents of trash cans, dumpsters, newspaper boxes and set fire to at least five cars, including an Oakland police patrol car. Some rioters smashed
5590-446: The seventh through to the tenth months. ( Septem is Latin for "seven"; octo , "eight"; novem , "nine"; and decem , "ten") Roman mythology usually credits their second king Numa with the establishment of the two new months of Ianuarius and Februarius . These were first placed at the end of the year, but at some point came to be considered the first two months instead. The January kalend (Latin: Kalendae Ianuariae ),
5676-407: The shooting investigation on January 12, 2009, 11 days after the shooting occurred. Others were angry that Mehserle allegedly did not cooperate with Police and District Attorney's Office investigators. On January 7, 2009, protests over the shooting and administration of justice began peacefully about 3:30 p.m. with about 500 people gathering at the Fruitvale station. In the early evening, some of
5762-427: The shooting. Frank Borelli, a retired police officer and writer, said that the scene as shown in the video moments before the shooting would be as important to understanding what happened as the shooting itself. "The four officers have to be operating under a high level of stress given the relatively confined setting and the people on the BART train who are expressing, in a very loud vocal fashion, their displeasure with
5848-425: The south, west, and north sides of the intersection, allowing an avenue of retreat down 14th Street on the east side of the intersection. About an hour later, police gave orders to disperse and fired tear gas , rubber bullets , and other less-lethal weapons and devices at demonstrators. Protestors threw bottles, rocks, and other objects at police. Police pushed the crowd east along 14th Street into Lakeside , and
5934-487: The stake marking the geographic south pole is moved approximately 10 meters to compensate for the movement of the ice. A new marker stake is designed and made each year by staff at the site nearby. The Eastern Orthodox Church , the Anglican Church and the Lutheran Church celebrate the Feast of the Circumcision of Christ on 1 January, based on the belief that if Jesus was born on 25 December, then according to Hebrew tradition, his circumcision would have taken place on
6020-504: The start of the month of January, came to be celebrated as the new year at some point after it became the day for the inaugurating new consuls in 153 BC as a result of the rebellion in Hispania which began the second Celtiberian War . Romans had long dated their years by these consulships , rather than sequentially, and making the kalends of January start the new year aligned this dating. Still, private and religious celebrations around
6106-399: The train and detained them on the platform. Pirone handcuffed Grant's friend, angering other riders. Pirone lined up Grant and two other men against the wall. When five other officers, including Johannes Mehserle and his partner Woffinden, arrived at the Fruitvale station, they found the situation "chaotic", according to their accounts. BART Officer Marysol Domenici was the first officer on
6192-407: The train operator that the men the BART police detained on the platform were involved in the reported train fight. The train operator recalled informing Pirone that she was unsure whether those detained had been involved in the fight. A cell phone video broadcast on local television station KTVU on January 23 showed what appeared to be Pirone rushing towards one of the detained men and punching him in
6278-440: The train, police started to pick out people they believed to have been involved in the fight. Pirone walked up to two Black men and ripped the jacket off one. Pirone threw three people against the wall and then turned to the train, yelling for everyone involved in the fight to exit the train and come to him. Everyone remained on the train, so Pirone walked into the train to see if there was anyone who looked as if they were involved in
6364-590: The usage of the General Roman Calendar of 1960 . The mainstream Roman Catholic Church celebrates on this day the Solemnity of Mary, Mother of God . Among the 7th-century pagans of Flanders and the Netherlands , it was the custom to exchange gifts at the winter solstice . This custom was deplored by Saint Eligius (died 659 or 660), who warned the Flemish and Dutch: "(Do not) make visuals, [little figures of
6450-404: The videos to television news, which broadcast them; others posted videos on the internet. Oakland attorney John Burris, who represented the family in their suit against BART over Grant's death, said BART confiscated numerous cell phone images that he believed contain additional evidence of the killing. Alameda County District Attorney Tom Orloff said video confiscated by BART was useful in bringing
6536-498: The windshields of parked cars. The riot spread deep into Lakeside, and cars were burned and heavily damaged on Madison Street. Other rioters in this clutch broke storefront windows, including those of a McDonald's fast-food restaurant at Jackson and 14th Streets. The night of the riot coincided with trash collection day the following morning and numerous trash dumpsters and containers were parked curbside. Rioters used these dumpsters to start fires along city streets. Rioters damaged some of
6622-404: The world, often observed with fireworks at the stroke of midnight following New Year's Eve as the new year starts in each time zone. Other global New Year's Day traditions include making New Year's resolutions and calling one's friends and family. The ancient Babylonian calendar was lunisolar, and around the year 2000 BC began observing a spring festival and the new year during
6708-549: The year on 1 January, and this remained the start of the year after the Julian reform. However, even after local calendars were aligned to the Julian calendar, they started the new year on different dates. The Alexandrian calendar in Egypt started on 29 August (30 August after an Alexandrian leap year). Several local provincial calendars were aligned to start on the birthday of the Emperor Augustus , 23 September. The indiction caused
6794-415: Was "restrained and unarmed", but do not say that he was handcuffed. Mehserle said he feared that Grant was "going for his waistband" and a gun. The day after the shooting, BART spokesman Jim Allison said that Grant was not restrained when he was shot, and multiple witnesses testified that Grant refused to give up his hands for handcuffing prior to the shooting. The family's claim against BART stated that Grant
6880-418: Was available at common law — is whether a wrongful death claim can be founded upon intentional infliction of emotional distress that caused the decedent to commit suicide . The first jurisdiction to allow such a claim was California in 1960, followed by Mississippi , New Hampshire , and Wyoming . In the United Kingdom, liability for causing a wrongful death was initially codified into legislation by
6966-428: Was downloaded more than 500,000 times in four days, and one independent media video posted to the internet averaged more than 1,000 views per hour. Seeing direct evidence of the shooting resulted in public outrage and protests and fueled riots. After the 2009 shooting, Mehserle submitted to drug and alcohol testing per BART's standard operating procedure. The results showed no drugs or alcohol in his system. He retained
7052-450: Was handcuffed only after he was shot. Direct evidence of the shooting was documented by video cameras held by passengers on the train idling next to the platform, as police detained Grant and a number of other men suspected of being involved in the disturbance. Several witnesses testified during the preliminary hearing for Mehserle's trial that they began recording because they believed BART officers were acting too aggressively. They gave
7138-676: Was held at the Palma Ceia Baptist Church in Hayward on January 7, 2009. Grant's mother, sister, daughter, and girlfriend (his daughter's mother) filed a wrongful death claim against BART following his death. It was settled in 2011. Johannes Sebastian Mehserle (born 1982, in Germany) was raised in the Bay Area . Mehserle graduated from New Technology High School in Napa , California. Mehserle joined
7224-510: Was not telling the truth. The shooting and the subsequent uprisings were covered in regional, national, and international news. Video images of the shooting were widely broadcast and streamed online in the days following Grant's death. Several hundred thousand viewed the videos in the first few days after the incident. Widespread dissemination of the direct evidence of the shooting led to public outrage, protests, and fueled riots. Police in riot gear were dispatched and made efforts to disperse
7310-409: Was repeating an insulting epithet that Grant had yelled at him. While dozens of people from the stopped train shouted and cursed at officers, Mehserle and Pirone positioned Grant face-down. According to Pirone, Grant was disobeying instructions and cursing at officers. Witnesses said that Grant pleaded with BART police not to shock him with a taser . Pirone knelt on Grant's neck and told him that he
7396-512: Was under arrest for resisting an officer . Mehserle tried to handcuff Grant but could not reach his hands. He stood up, unholstered his gun, a SIG Sauer P226 , and fired a shot into Grant's back. Immediately after the shooting, Mehserle appeared surprised and raised his hands to his face. Several witnesses say Mehserle said "Oh my God!" several times after the shooting. The .40 caliber bullet from Mehserle's semi-automatic handgun entered Grant's back, exited through his front side and ricocheted off
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