According to SFGate, U.S. District Judge Marilyn Hall Patel of San Francisco said that other evidence, including videos, suggested the 22-year-old Hayward man "was completely incapacitated and posed no threat to anyone," and therefore a jury should decide whether any force, including a stun gun, was justified.
It is also questionable whether or not it was lawful for BART police to detain Oscar Grant and the other men in the first place.
