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[7][27][28] The day after the shooting
 5 January 2014, 04:27
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Mehserle said he feared that Grant was “going for his waistband” and a gun. [7][27][28] The day after the shooting clear iphone case, BART spokesman Jim Allison said that Grant was not restrained when he was shot,[5] and multiple witnesses testified that Grant refused to give up his hands for handcuffing prior to the shooting.[29] The family’s claim against BART stated that Grant was handcuffed only after he was shot.[15]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.[19] They gave the videos to television news, which broadcast them; other posted videos on the internet.[20]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 contains additional evidence of the killing.[30] Alameda County District Attorney Tom Orloff said video confiscated by BART was useful in bringing the murder charge against Mehserle.[31] Witnesses at the scene said police attempted to confiscate cameras.[32][33][34] These claims were never acknowledged by BART police.[2]Orloff, the district attorney, said that several passenger videos that had not been made public were “very helpful” in the investigation.[27]On January 2, KTVU aired a video by an anonymous passenger who submitted a cell phone video of the shooting.

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