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RAW VIDEO OF New Angle of BART Shooting (WITH AUDIO)

The police officer that shot and killed 22-year-old Oscar Grant on New Year's Day still hasn't given a statement to criminal investigators, according to a BART spokesperson.

The Chronicle identified the officer as 27-year-old Johannes Mehserle, who had served two years on the BART force and had become a father within a day or two of the shooting.

"The officer may or may not give an inter More..view during the criminal investigation, and that's discretionary with the officer," said Attorney Mike Raines of Pleasant Hill, who often defends police officers. "Officers like any other citizen have a right not to give an interview under the Fifth Amendment."

But Raines said BART can compel a statement about the shooting during an administrative investigation, under the threat of firing him, although that information cannot be used in any criminal case.

Meantime more graphic videotapes of the shooting are surfacing.

Grant, 22, a father of a four-year-old daughter, was reportedly shot in the back after police responded to reports of a fight at the Fruitvale station.

A small group of people protested outside BART headquarters in Oakland Monday to demand answers into the police shooting of the young Hayward man on New Year's Day.

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