( CNN ) -- The former transit police officer accused of shooting an unarmed man at a California train station went to Nevada with his family `` to clear his mind '' after receiving death threats , his lawyer said Wednesday . Hundreds of people took to the streets of Oakland , California Wednesday night to protest the shooting . The lawyer 's comments came after Johannes Mehserle was arrested on a fugitive warrant in Nevada . Leads led investigators to Johannes Mehserle , 27 , in Zephyr Cove , Nevada , on Tuesday , authorities said . He was contacted through his attorney and then surrendered . `` He was always prepared to surrender himself in the case , '' Christopher Miller , attorney for Johannes Mehserle said . Mehserle waived extradition , and police officers were transporting him back to California on Wednesday . Miller said his client may face arraignment as early as Thursday morning . The lawyer spoke of Mehserle , 27 , as `` a fine officer with an excellent work history '' adding `` this case is not just about a video . '' Miller was referring to a cell phone video that captured the shooting . `` As this case moves forward through the justice system and all the circumstances of that chaotic night become clear , I fully expect Mr. Mehserle to be cleared of the charges against him , '' Miller said . Miller 's statements were a stark contrast to comments made by district attorney Tom Orloff earlier Wednesday at a news conference announcing they were charging Mehserle with murder . `` What I feel the evidence indicates is an unlawful killing done by an intentional act , '' Orloff said . `` From the evidence we have , there 's nothing that would mitigate that to something lower than a murder , '' he added . `` The murder charge was the appropriate charge given the state of the evidence . '' Hundreds of people in Oakland , California , continued to express their outrage about the shooting by taking to the streets in a protest at City Hall Wednesday night . It was the first major demonstration after more than 100 people were arrested during violent protests in Oakland that followed the victim 's funeral last Thursday . The protesters gathered on the front lawn of city hall , where police blocked the front entrance , at about 4 p.m. ( 7 p.m . ET ) before marching down to City Hall . While many in Oakland , California have been vocal about the shooting , Mehserle himself has remained mum . Orloff said Mehserle 's attorney has invoked his client 's right to remain silent . `` In terms of an interview at this point in time , our hands are tied , '' he said . Watch Orloff speak about the murder charges » . He is accused of the shooting of Oscar Grant III at an Oakland , California , station on New Year 's Day . The incident was captured on video by several witnesses and spurred violent protests in the northern California city . Mehserle , 27 , was taken into custody in Douglas County , Nevada at about 7 p.m. , Sgt . Dan Coverly of Douglas County Sheriff 's Office told CNN affiliate KGO-TV in San Francisco . Referring to Mehserle 's arrest , BART said , `` This comes after the BART Police Department conducted a thorough investigation that involved nine detectives , which BART Police turned over to District Attorney Thomas Orloff on Monday , January 12 . '' Jail staff report that Mehserle has cooperated and is in a segregated area and on a precautionary health and welfare watch . Mehserle resigned from his job as a BART police officer days after the shooting . Grant , a 22-year-old father , was killed on New Year 's Day in a crowded BART train station . Police had been called to the Fruitvale station after passengers complained about fights on a train and took Grant and several other people off the train once they arrived . Videos from witnesses show Mehserle shooting Grant in the back as another BART officer kneeled on the man . The shooting spawned public outrage and a string of protests that led to more than a hundred riot-related arrests . Police have not said whether Grant had been involved in the fight . The Oakland Police Department is running its own investigation into the killing , at the request of Mayor Ron Dellums , Officer Jeff Thomason said Wednesday .
NEW : Officer went to Nevada to ` ` clear his name '' after death threats , lawyer says . Ex - police officer Johannes was charged with murder . Oscar Grant III was shot to death at Sacramento , California , police station . Grant 's death has spawned public outrage and a string of protests .