Mehserle might have intended to draw and fire his Taser rather than his gun , according to a court filing by his attorney . San Francisco 's BART to pay fine of man shot by officer . Officer Grant was shot in the back on New Year 's Eve 2009 . Officer may have thought he was firing back ; he faces murder charge . Bystander 's cell - phone video of incident widely seen on Internet , YouTube .
San Francisco 's BART to pay fine of man shot by officer . Officer Grant was shot in the back on New Year 's Eve 2009 . Officer may have thought he was firing back ; he faces murder charge . Bystander 's cell - phone video of incident widely seen on Internet , YouTube .