WARNING: The above video is graphic and contains language that may not be suitable for all viewers.

By Tim Jue / Beat Staff Writer

A flurry of developments were made Tuesday in the BART Police New Year’s morning officer-involved shooting incident that left Oscar Grant, 22, mortally wounded and is generating nationwide criticism of the use of excessive force by the officer who shot the Hayward man to death.

Among them:

• Grant’s family filed a $25 million claim against the San Francisco Bay Area Rapid Transit District Tuesday morning. They are represented by prominent civil rights attorney John Burris, who has represented a number of high profile clients who have been victims of alleged police misconduct.
• A new video, perhaps the most graphic of them all, was released to local television newsrooms Monday evening. The new clip gives a clear vantage point of the entire incident, and the chilling moments after the fatal shot was fired. You may view the clip in the above video.
• We are learning that the BART Police officer, who has been identified by the San Francisco Chronicle as Johannes Mehserle, 27, who has been with the force for two years, has not yet been interviewed by investigators, more than  five days after the shooting incident. The Chronicle reports that Mehserle’s first child may have been born days after the shooting incident. Mehserle is also named as the officer in the claim against BART.
• Community outcry is becoming louder. A rally has been planned by Cop Watch — a citizen’s police monitoring activist group — starting at 3:00 p.m. Wednesday at the Fruitvale BART station.

This BART Police Officer, identified as Johannes Mehserle, 27, is believed to be the one who opened fire on New Year's Day, shooting and killing Oscar Grant at the Fruitvale BART Station in Oakland, Calif. (Video Still Courtesy: Karina Vargas)

The newest information that the public is learning Tuesday gives additional clues and a different vantage point of the shooting incident: a new video released late Monday was shot by a passenger on-board an idle train at the Fruitvale BART station shows the entire incident and the reaction of BART Police officers after Grant is killed.

The newest video shows Grant lying on the ground, with one officer placing his body weight on the upper part of his back to subdue the man when, for some unknown reason, another officer stands up, unholsters his weapon and shoots Grant.

Early Tuesday morning, the San Francisco Chronicle identified the officer who fired the fatal shot as Johannes Mehserle, 27. He has been with the department for two years. His first child may have been born days after the shooting incident.

News reports indicate that he has not yet been interviewed with investigators about the incident — drawing ire from Burris, the attorney, that the hiatus between the incident and the interview might cloud the officer’s memory of the events that transpired.

BART officials could not answer why Mehserle had not yet been interviewed during a Monday press conference.

Early Monday morning, the family of Grant filed a $25 million lawsuit against the transit agency alleging that his civil rights were violated, was detained illegally and was the vicitim of excessive force. The suit names Mehserle as the officer who fired the fatal shot.

The funeral for Grant is scheduled for 11 a.m. Wednesday at Palma Ceia Baptist Church, located at 28605 Ruus Road in Hayward. It is open to the public.

He leaves behind a four-year old daughter.