Early on New Year's Day, around 2:00 AM on January 1st, 2009, 22-year-old Oscar Grant was fatally shot in a Bay Area Rapid Transport (BART) station. Eyewitness, Karina Vargas, was able to capture part of the shooting on video with her cell phone while other bystanders, whose names have not been released, were able to film the event from more evident angles. Oscar and several others were pulled from the train and detained outside on the subway platform due to a fight that they were allegedly involved in. Oscar can be seen holding his hands up and pleading with the officers, however, once he was wrestled chest-down to the ground with one police officer's knee on top of his neck, a second officer stepped back to withdraw his gun and shot Oscar Grant in the back. Grant was then handcuffed and eventually he died.

Locals have proceeded to protest and riot, clearly angered by the use of police powers on citizens. Attorney for Grant's family, John Burris reports that the shooting was 'unconscionable' and has filed a $25 million dollar claim with BART.