Oscar Grant was unarmed when he was shot by a BART police officer who was standing over him at the Fruitvale station early on New Year's Day, said Oakland civil rights attorney John Burris, who has been hired by the victim's family to investigate the death.

Grant, 22, of San Leandro, was fatally shot on the BART platform shortly before 2 a.m. Thursday, police said. BART officers were called to the station in response to reports of fighting between two groups of men on board a train bound for the Dublin-Pleasanton station. BART officials will only say the officer's gun "discharged." BART officials have said Grant was unarmed and no weapons were recovered.

It remained unclear Saturday whether Grant was involved in the fight and whether he was one of the men put in plastic "flexi-cuffs," which police often use as handcuffs when dealing with a large number of people. BART officials say he was not restrained. Witnesses dispute that claim.

Burris said Saturday that Grant did not move and was not trying to overpower the officer.

"It's an outrageous set of facts," he said.

BART officials have not released the name of the officer who shot Grant. The officer has worked for the rapid transit agency for about two years, a BART spokesman said.

The train had come from San Francisco and was stopped at the Fruitvale station to allow officers to board the train and break up the suspected fight.


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BART police and the Alameda County District Attorney's Office are also investigating the shooting. Anyone with information about the incident can call BART police at 877-679-7000, ext. 7040.

Wire reports contributed to this story.