that would be officer peroni, claims that officer peroni used repeated and unreasonable and unnecessarye. it states that peroni, quote, was in large part responsible for setting the stage even if inadvertent for the shooting of oscar grant. the family wants him to be charged with felony murder. >> bring officers against officer peroni. in an e-mail to abc news, they're working diligently to conduct a thorough review of the case, but quote, as is our policy with any open investigation we cannot comment further. >> keith garcia, president of the bart police officers association tells abc 7 news that he won't issue a statement unless the d.a. brings any charges, but he raises doubts about a felony murder charge when officer mehserle was convicted by a jury of involuntary manslaughter. a lawyer for the family explains. >> an independent report goes on the document that peroni caused brain injury to oscar grant, caused brain injury. that's a felony. the grant family believes there's enough evidence to bring charges now and the district attorney's office says they'll have more after christmas

pup-peroni. >>> right now at 4:30, breaking news for you.ppening overnight. a live report on that investigation unfolding. >>> plus, a dire fight for frontline workers. the hospitals across the state now being forced to turn in their parking lots into treatment areas for covid patients. and all of this playing out as a mutant strain is discovered in the uk. >>> i believe intuitively it's already here. we learned this lesson the hard way. and we're not going to go through it again.

. >> bring charges against officer peroni. >> reporter: in an email, o'malley's office said it's workingreview of the case but quote as our policy on any open investigation, we cannot comment further. officer keith garcia, president of the bart police officer's association tells abc 7 news he won't issue a statement unless the d.a. brings any charges but he raises doubts about a felony murder charge when the officer was convicted by a jury of just involuntarily manslaughter. a lawyer for the family explains. >> an independent report goes on the document that peroni caused brain injury to oscar grant, caused brain injurinjury. that's a felony. >> reporter: the grant family believes there is enough evidence to bring charges now but the district attorney's office said they will have more after christmas. >> abc 7 is committed to racial and social justice as part of our efforts to build a better bay area. join the fight at abc7news.com/take action. >>> coming up, building a better bay area means looking out for the state of the arts with mu museums closed, it's not just students missing fiel

officer anthony peroni with felony murder. >> peroni caused brain injury to oscar grant.sed brain injury. that's a felony. >> we have been seeking justice for almost 12 years now. >> the d.a.'s office says it is working diligently to conduct a thorough review of the case and we'll have more after the holidays. >>> abc7 news is committed to racial and social justice as part of building a better bay area. to join the fight, go to abc7news.com/takeaction. >>> the city of milpitas is beginning its search for a new police chief. the "mercury news" is reporting that chief armando corpuz will be retiring at the end of the month. he's been the department's chief for three years now. the 51-year-old has worked in law enforcement for 30 years. assistant police chief gerard hernandez will take over as acting chief on the 31st. >>> efforts are under way to as an underground gasoline spill discovered in walnut creek last month. kendrick morgan is working with the epa and fish and state wildlife to address the leak of up to 42,000 gallons of gas in the area. this is south of broadway.

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you saw that i saw the ferrari come up in my rearview mirror 2nd half he was annoyed because peroni was quicker than him. and we had these tires that were ideal for a fast lap i just didn't want to. avoid she'll want to do another fast lap although we'd already done wonderful and that meant taking risks using isn't easy going to go. for your mile and then afterwards everyone told me ya and it wasn't your fault and it was only a matter of time before it happened to discredit because he was overdoing it so you got to be. the crash that claimed the life of rolf stallman in riverside california was likewise no coincidence it was caused by driver error alter the german took over duties in the force and 935 from derrick bell. if you got me i brought a new. so i went out the track was always a little slippery because it was it was sad and and i think he slid off and i know he stood up and he bounced over the bumps because i knew that high over the bumps and probably fractured something in the evidence that makes. any mass and. to survive is they've changed a bit since they were formula 2 rival

you saw that i saw the ferrari come up in my rearview mirror 2nd half he was annoyed because peroni was quicker than him. and we had these tires that were ideal for a fast lap i just didn't want to. avoid the only she'll want to do another fast lap although we'd already done wonderful and that meant taking risks using is obviously going to go. with your mileage and then afterwards everyone told me you off and it wasn't your fault it was only a matter of time before it happened british paper because he was overdoing it so you got to be. the crash that claimed the life of rolf stallman then in riverside california was likewise no coincidence it was caused by driver error to the german took over duties in the force in 935 from derek bell. if you got me a brand new. so i went out the track was always a little slippery because it was there was saddened and i think he slid off and i know he stood up and he bounced over the bumps because only about high passed over the bumps and probably fractured something in the aerodynamics. and mass and bellowing to survive is they've changed a bit since t

you saw that i saw the ferrari come up in my rearview mirror 2nd half he was annoyed because peroni was quicker than him. and we had these tires that were ideal for a fast lap i just didn't want to. avoid the only she'll want to do another fast lap although we'd already done wonderful and that meant taking risks using is obviously going to go. for your mileage then afterwards everyone told me you often it wasn't your fault and for you know it was only a matter of time before it happened that is great because he was overdoing it so he gets. the crash that claimed the life of rove stahmann in riverside california was likewise no coincidence. it was caused by driver error to the german took over duties in the porsche $935.00 from terek bell. he forgot he had brought new tires which were hot so he went out the track was always a little slick brake because it was there was saddened and i think he slid off and i know he stood up and he bounced over the bumps because only about high passed over the bumps and probably fractured something in the evidence that makes. any mass and bellowing to sur

the family and attorneys claim officer perony physically assaulted grant which ultimately led to the shooting. only one officer was charge asked convicted of involuntary manslaughter. >> anthony feroni was the cause of the entire case. >> i have been waiting 12 years. >> the d.a.'s office has not made a decision yet. the family expects an answer some time after christmas. >>> a fixture in bay area law enforcement is considering one more assignment before hanging up his badge. chief eddy garcia is about to retire from the san jose pd this sunday after 29 years on the job. now we've learned he's one of seven finalists for the top job in dallas. he tells us a recruiter reached out about the dallas position after he had already decided to retire. garcia is credited with rebuilding the sjpd. he concedes there were some mistakes during his tenure. the chief got emotional today when we asked him about turning in his san jose badge. >> i came to san jose not being able to speak english, to be able to sit at this desk for the last five years, nothing beats it. >> no word yet on when dallas wi

you saw that i saw the ferrari come up in my rearview mirror the 2nd half he was annoyed because peroni was quicker than him. and we had these tires that were ideal for a fast lap and i just a little. bored she'll want to do another fast lap although we'd already done wonderful and that meant taking risks using isn't easy going you're going. for your mile and then afterwards everyone told me it wasn't your fault and for you know it was only a matter of time before it happened british great because he was overdoing it so he got to be. the crash that claimed the life of rolf storm and then in riverside california was likewise no coincidence. it was caused by driver error to the german took over duties in the porsche $935.00 from derek bell. it forgot he had brand new tires which were hot so he went out the track was always a little slick brake because it was there was saddened and i think he slid off and i know he stood up and he bounced over the bumps because i knew that high over the bumps and probably fractured something in the air and that makes. me feel uneasy. and bellowing to survi

he saw that i saw the ferrari come up in my rearview mirror the 2nd half he was annoyed because peroni was quicker than him. and we had these tires that were ideal for a fast lap i just a little and. she'll want to do another fast lap although we'd already done wonderful and that meant taking risks of easy going your dog. but your mileage and then afterwards everyone told me you off and it wasn't your fault it was only a matter of time before it happened british great because he was overdoing it so you got to keep. the crash that claimed the life of storm and then in riverside california was likewise no coincidence it was caused by driver error to the german took over duties in the force a 935 from derrick bell. if you got me i brought a new tires which would cost so i went out the track was always a little slip brake because it was it was sad and and i think he slid off and i know he stood up and he bounced over the bumps because i need that high over the bumps and probably fractured something in the ever done that makes. me feel anything. and bellowing to survive is they've changed a

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he saw that i saw the ferrari come up in my rearview mirror the 2nd half he was annoyed because peroniwas quicker than him. and we had these tires that were ideal for a fast lap i just didn't want to. avoid that she'll want to do another fast lap although we'd already done wonderful and that meant taking risks using is obviously going to go. for your mileage and then afterwards everyone told me it wasn't your fault and it was only a matter of time before it happened to discredit because he was overdoing it so you got to be. the crash that claimed the life of rolf storm and then in riverside california was likewise no coincidence it was caused by driver error to the german took over duties in the force in 935 from derrick bell. he forgot he had brought new tires which would cost so i went out the track was always a little slippery because it was there was saddened and i think he slid off and i know he stood up and he bounced over the back because i need that high over the bumps and probably fractured something in the average and that makes. you and me and bellowing to survive is they've