SAN FRANCISCO -- The father of Oscar Grant III testified Tuesday that he believes his son was intentionally killed at the Fruitvale BART station and he wants monetary damages, in part, to provide for his granddaughter.

"The man was killed in cold blood: No ifs, ands or buts about it," said Oscar Grant Jr., testifying for the first time about his son's slaying.

Grant Jr. is suing former BART officer Johannes Mehserle for fatally shooting 22-year-old Oscar Grant III on New Year's Day 2009.

"I don't care how they say it, it was not an accident," said Grant Jr., 50."They took the most precious thing in the world to me -- my only child."Mehserle, who has repeatedly testified that he meant to use a Taser instead of a gun on the Hayward man, was acquitted of murder and convicted of involuntary manslaughter for the shooting on the Fruitvale BART station platform.

The incident was caught by cell phone video cameras and sparked protests and riots before inspiring the motion picture, "Fruitvale Station."

When the civil trial closes Friday, Mehserle attorney Michael Rains is expected to argue Grant Jr. is not entitled to damages because he deprived himself of a relationship with his son. The elder Grant was convicted of an 1985 Oakland murder and spent his late son's entire life behind bars.

The jury knows Grant Jr., 50, is serving time in Solano state prison but has been forbidden from hearing the details of his criminal record as well as Grant III's arrests and convictions before his death.

Grant Jr.'s leg shackles could be heard rattling Tuesday as he walked to and from the witness stand dressed in a gray suit, blue shirt and multicolored tie.


Advertisement

After showing the jury a photo of himself dressed in prison blues and holding a baby Oscar at Folsom State Prison, he described a long and close relationship with his son facilitated through prison visits, letters and phone calls.

The elder Grant said he and his son had plans for when he was paroled: sports games, barbecues, family reunions and quiet times with Grant III's daughter Tatiana, now nearly 10.

Grant Jr. said he filed the lawsuit out of a respect for his son because he wants to help take care of Tatiana and because he wants the chance to pay restitution for his own crimes.

"I've already paid for my crime. I'd like to give back to the community," said Grant Jr., who according to a trial brief filed by his lawyer expects to be paroled in the next couple years after four prior denials by the state parole board.

Grant Jr. became combative when Rains questioned the depth of his relationship with his son by asking if he knew the names of the schools Grant III attended, whether he played high school sports, knew his daughter's birthday, his friend's names or whether he had a job or a cell phone.

Grant Jr. could not answer many of the questions and Rains was quick to point out any answers that differed from those Grant Jr. gave during a 2010 deposition.

If Grant Jr. was so eager to get out of prison to be with his son, Rains asked, why did he keep getting in trouble in prison for offenses like drug possession over the years?

"What does my prison record have to do with your officer killing my son, shooting my son in the back?" Grant Jr. asked angrily.

Grant Jr. said Grant III last visited him in prison in 2002. He last spoke to his son three days before his Jan. 1, 2009 death.

"I told him, if you decide you wanna drink, don't drive your car. Catch the bus or ride the BART," Grant Jr. said.

Earlier in the day, jurors heard testimony from Terry Foreman, Mehserle's support officer after the shooting, who described how Mehserle's first child was born on the same day Grant III was killed.

"I took a life and I brought a life into this world," Foreman quoted a distraught Mehserle saying at the hospital.

Grant Jr. testified he doesn't have anything against Mehserle personally, but the former officer has not acknowledged him or apologized to him at the trial. Mehserle has not been in attendance since he testified the first week.

"I loved my son to death, like any other father who loves their son," Grant Jr. said.

"I miss my son. I miss the opportunities."