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Update: BART Questioning A Dozen Witnesses to Glass Breaking Incident
Created by Kimberlee Sakamoto on 11/23/2009 8:02:00 AM


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Mugshot of Michael Gibson taken after incident at West Oakland BART Station

OAKLAND (KRON) --- Bay Area Rapid Transit officials say they're expanding their investigation into the arrest of a man at the West Oakland BART station that ended when an officer and the suspect broke a pane of glass at the facility.

At a Monday evening news conference, BART officials said they're targeting a dozen potential witnesses to learn more about the events leading up to the incident.

SamTrans officials are confirming to KRON 4 that the man who was arrested at the West Oakland BART station Saturday night was also arrested earlier in the day for allegedly kicking an 82-year-old man in the buttocks.

Christine Dunn with SamTrans says Michael Joseph Gibson of San Leandro was taken off the bus at the Serramonte Center in Daly City after he allegedly assaulted the man.

Police arrested him for assault and battery. He was held and cited for about 30 minutes and then released because it was a misdemeanor charge.

Officers note that the suspect could face additional charges of elder abuse.

Authorities are also releasing a series of phone calls to 911 when witnessed reported injuries to the unidentified officer.  The officer remains off duty suffering cuts and other injuries from the falling glass.

KRON 4's Mark Jones reports the broken pane of glass was the original materials installed when the BART station was built.  Crews have already replaced the pane with tempered glass designed to withstand higher forces.

Video taken Saturday evening and posted on YouTube shows a Bay Area Rapid Transit officer pushing Gibson toward a glass wall along the West Oakland station platform. It's unclear what caused the glass to break.

BART's police force has faced scrutiny since an officer fatally shot an unarmed passenger on New Year's Day at another Oakland BART station. That officer, Johannes Mehserle, later resigned and has been charged with murder.

The officer in Saturday's incident used excessive force and behaved outrageously, said John Burris, an attorney who is suing BART on behalf of the family of Oscar Grant, the man shot by Mehserle.

"He doesn't have to be that aggressive," Burris told the San Francisco Chronicle. "He didn't even talk to the guy, didn't give him a chance to surrender, didn't give him an opportunity to move or comply."

BART police Cmdr. Daniel Hartwig said Saturday's use-of-force case will be thoroughly investigated.

"We will review all available information and video and are requesting anybody with any other video or information to please come forward," he said.

Portions of the incident were also captured on train and platform video, a BART statement said.

The officer suffered cuts and a concussion, while Gibson had cuts on his right hand, right forearm, right palm and head - none of which required stitches, a BART statement said.

The officer, who authorities have not named, was responding to several passenger complaints of a disturbance on a train headed for communities east of Oakland. He found the 37-year-old Gibson yelling racial slurs and challenging others to fight, BART said.

Off-duty police officers and passengers helped the officer place Gibson under arrest, the BART statement said.

The suspect's father, Joseph Gibson of Hayward, said his son has struggled with mental illness and substance abuse.

BART police officers' union president Jesse Sekhon said the video appears to show Gibson breaking the glass after reaching out with his right arm. The officer used necessary force and kept his composure in a volatile situation, he said.

"You saw the reaction from the patrons," Sekhon said, referring to the video. "They applauded the officer for doing his job."

The officer and Gibson were taken by ambulance to Oakland hospitals. Gibson has been arrested on suspicion of battery on an officer, resisting an officer and other charges, Hartwig said.

The officer is unable to perform his duties because of his injuries and has been placed on industrial leave, according to BART.
     
(Copyright 2009, KRON 4 and The Associated Press.  All Rights Reserved.)

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  Comments

  11/25/2009 5:28:40 PM
Anonymous 


Bart Officer Blind/Stupid 
WOW!!! I'm sure the Officer was doing his job, serving the community, but please.. This act now and ask questions later is just getting old... What if anything was going through the Officers mind as he marched the suspect full force into a wall of plate glass? Would the concrete pillar slightly right of the Officers tunnel vision not have sufficed? I cannot believe that this Officer had such little regard for his own life, and indeed the offending party. BTW, the Officers right shoulder into the suspect just before impact doesn't go unseen..... The suspect clearly put his hand up, bottle or not. What would you have done! Face first through glass? Any sane/insane person - drunk or not would've done the same thing. What is up with you people? It was a wall of GLASS? It's this type of behavior that ends up costing all of us, the taxpayer so much money in lawsuits. Bart police should try a little common decency.. Is it too much to ask that you show some respect, restraint, and intelligence? I cannot believe that this is being called a "Text Book" arrest... Please!!! The Officer simply failed to efficiently take this person into custody, in doing so, he failed the public. This arrest will cost you a lawsuit Bart. Take some money, and invest in some Officer training.
  11/25/2009 9:45:30 AM
Anonymous 


Bart Officer Blind/Stupid 
WOW!!! I'm sure the Officer was doing his job, serving the community, but please.. This act now and ask questions later is just getting old... What if anything was going through the Officers mind as he marched the suspect full force into a wall of plate glass? Would the concrete pillar slightly right of the Officers tunnel vision not have sufficed? I cannot believe that this Officer had such little regard for his own life, and indeed the offending party. BTW, the Officers right shoulder into the suspect just before impact doesn't go unseen..... The suspect clearly put his hand up, bottle or not. What would you have done! Face first through glass? Any sane/insane person - drunk or not would've done the same thing. What is up with you people? It was a wall of GLASS? It's this type of behavior that ends up costing all of us, the taxpayer so much money in lawsuits. Bart police should try a little common decency.. Is it too much to ask that you show some respect, restraint, and intelligence? I cannot believe that this is being called a "Text Book" arrest... Please!!! The Officer simply failed to efficiently take this person into custody, in doing so, he failed the public. This arrest will cost you a lawsuit Bart. Take some money, and invest in some Officer training.
  11/25/2009 9:21:33 AM
Anonymous 


No Applause for Shattering Window 
The patrons applauded the BART officer when he forcefully took Gibson off of the Bart train. They did not applaud him when he slammed Gibson against the window causing it to shatter.
  11/24/2009 8:36:48 PM
Anonymous 


Bart Officer Blind/Stupid 
WOW!!! I'm sure the Officer was doing his job, serving the community, but please.. This act now and ask questions later is just getting old... What if anything was going through the Officers mind as he marched the suspect full force into a wall of plate glass? Would the concrete pillar slightly right of the Officers tunnel vision not have sufficed? I cannot believe that this Officer had such little regard for his own life, and indeed the offending party. BTW, the Officers right shoulder into the suspect just before impact doesn't go unseen..... The suspect clearly put his hand up, bottle or not. What would you have done! Face first through glass? Any sane/insane person - drunk or not would've done the same thing. What is up with you people? It was a wall of GLASS? It's this type of behavior that ends up costing all of us, the taxpayer so much money in lawsuits. Bart police should try a little common decency.. Is it too much to ask that you show some respect, restraint, and intelligence? I cannot believe that this is being called a "Text Book" arrest... Please!!! The Officer simply failed to efficiently take this person into custody, in doing so, he failed the public. This arrest will cost you a lawsuit Bart. Take some money, and invest in some Officer training.
  11/24/2009 7:03:24 PM
Anonymous 


great job officer 
He got the job done!!! All you people against the officer should try doing his job before you judge him.
  11/24/2009 5:46:55 PM
Anonymous 


This again? 
It seems that most people are quick to judge and blame the officer. People would be singing a different tune if anyone would have gotten hurt. Should the officer have tried to reason with the person who was intoxicated and has a mental disorder? Does officer safety go out the window? Speaking of, it appears to be an accident that the window broke, it happens, people make mistakes. I am unable to see where the officer intentionally "shoved/pushed/or used excessive force." The Oscar Grant case and this incident have nothing to do with each other; the circumstances are not even the same. It boggles my mind that institutions or associations are given and allowing AMBULANCE CHASERS the ability to practice law. John Burris ought to be ashamed of himself, what a disgrace and a pathetic excuse for a lawyer! He represents everything that is wrong with our legal system and should not be allowed to practice anything; his lust for money and greed obviously get the best of him. Disguisting!
  11/24/2009 5:46:05 PM
Anonymous 


N0 Justice 
All charges against this man have been reduced to misdemeanors by the interim Alameda County D.A. Gibson is not the victim here. He assaulted a man in his 80's in the morning, and finished the day by cursing, threatening, and exposing himself on the train before he punched the glass and injured the BART officer. Gibson's cuts only required band-aids, but the officer suffered deep cuts and a concussion. Why bother to arrest him at all if a slap on the wrist and being turned loose on the public is the result?! If the judge and the D.A. had Gibson as a neighbor he'd be institutionalized in a heartbeat.
  11/24/2009 4:16:58 PM
Anonymous 


BART Cop is No Hero! 
The BART Cop is no hero. A hero cop knows how to communicate with a suspect and can calm the situation down. A hero cop does not deliberately injure a suspect but instead makes a calm, peaceful arrest. This cop is violent and does not know how to communicate with the suspect. I would not want this cop showing up at my door to make an arrest. He might break my windows since that is where he likes to slam his suspect. I accept only hero cops at my door.
  11/24/2009 12:33:12 PM
Anonymous 


Waaaaa! 
WAAAAAAAA WAAAAAAAA WAAAAAAAA WAAAAAAAAAAAA WAAAAAAA WAWAAWAWAAA WAAAAAAAAAAAAA WAAAAAAAA!!!
  11/24/2009 10:44:16 AM
Anonymous 


Bart Officer Blind/Stupid 
WOW!!! I'm sure the Officer was doing his job, serving the community, but please.. This act now and ask questions later is just getting old... What if anything was going through the Officers mind as he marched the suspect full force into a wall of plate glass? Would the concrete pillar slightly right of the Officers tunnel vision not have sufficed? I cannot believe that this Officer had such little regard for his own life, and indeed the offending party. BTW, the Officers right shoulder into the suspect just before impact doesn't go unseen..... The suspect clearly put his hand up, bottle or not. What would you have done! Face first through glass? Any sane/insane person - drunk or not would've done the same thing. What is up with you people? It was a wall of GLASS? It's this type of behavior that ends up costing all of us, the taxpayer so much money in lawsuits. Bart police should try a little common decency.. Is it too much to ask that you show some respect, restraint, and intelligence? I cannot believe that this is being called a "Text Book" arrest... Please!!! The Officer simply failed to efficiently take this person into custody, in doing so, he failed the public. This arrest will cost you a lawsuit Bart. Take some money, and invest in some Officer training.
  11/24/2009 10:32:38 AM
BART Passenger 


BART's Damage Control 
What a refreshing change! Nearly a year ago, BART policeman Johannes Mehserle murdered an unarmed passenger by shooting him in the back as he lay face down on a platform of the Fruitvale station. BART officials initially tried to cover up the incident and stalled investigators for over a week by issuing false and misleading reports. Not this time! After seeing the YouTube video, BART officials have promised to snoop, scoop and get the poop on this latest incident. Hopefully, BART will prevail in its belief that dangerous psychopaths should be removed, by force if necessary, from BART trains.
  11/24/2009 9:58:29 AM
Anonymous 


Lmao 
Cop should have just shot the guy in the leg!!!
  11/24/2009 9:52:59 AM
Anonymous 


New Comment 
This guys has gotten away with way to many crimes. His AUNT needs to get a job and stop trying to be an Attorney. It looks like we actually support her as well with our hard earned TAXES. The POLICE OFFICER did his job. People are giving this minor crime way to much time and air time. KRON spent way too much on this story on the Monday Night news. Trying to sensationalize this minor incident, trying to create a stir. Leave it to the news to over kill, they create more stir then actually reporting the news.
  11/24/2009 8:03:26 AM
Anonymous 


Glass appears to be punched 
every time i have seen this video, it appears to me that the guy "punched" or threw his arm at the glass - watch it again as see. John Burris chill-out!
  11/24/2009 7:56:02 AM
Anonymous 


BART cop is a HERO! 
It is clear that the drunken jerk is clearly at fault for breaking the window! His arm goes up and back and he hits the glass... I applaud the officer for taken this guys down as quick as he did. We should all feel sorry for the officer who got facial cuts and a minor concusion! Thanks BART officer and hope you get better soon!
  11/24/2009 7:53:40 AM
Law Abiding Citizen 


Too Much 
KRON spent way too much on this story on the Monday Night news. Trying to sensationalize this minor incident, trying to create a stir. This story deserves about 15 seconds. Some punk gets tossed from a BART train. So what? Now Burris & Associates will try & capitalize on this, sue BART and make more money. KRON and the media are just feeding into this frenzy. BART police: stay strong & thank you for all that you do. And I do mean "all".
  11/24/2009 7:40:17 AM
Anonymous 


Bart non story 
This is not even news worthy,the Bart Officer handled the situation great. At one time I had lots of respect for John Burris, now he is just an ambulance chaser and publicity hound. This story is being way overcovered!
  11/24/2009 6:39:05 AM
Anonymous 


Unbelievable 
The Bart officer did nothing wrong. And once again John Burris jumps in and is ready to sue. That guy should be disbarred....talk about ambulance chaser.... And for this guys family to say the Bart Cop was too rough and he has a mental issue, well then maybe the family should keep an eye on him and not let him out alone. When does it become our right to ride public transit with out idots yelling and causing a problem. So tired about hearing did the cops use excessive force. Maybe the people who think so should be in the cops shoes for a change.
  11/24/2009 12:42:18 AM
Roy from Oakland 


Eighth Amendment 
Is BART exempt from the Criminal Justice System? As far as I know the only punishments handed down by the courts are time or fines. We have long since excluded whippings and beatings. But maybe jamming a guys head through a window should be considered reasonable for someone that swore and was unruly. I just wonder what the punishment would be for spitting on someone? Death?
  11/24/2009 12:03:21 AM
Harold 


Here we go again.... 
The BART policeman gets my congratulations for removing an unruly passenger from the train. From the video it seems that the officer decided to take the law into his own hands, as the officer seems to have determined the punishment of the unruly passenger. This punishment seemed to be to push the passenger's head through a window. If an outraged passenger had grabbed the unruly passenger and put the unruly passenger’s head through the glass, I am sure the outraged passenger would be charged with assault. I wonder where it states in the BART police procedures book that in the event a passenger is unruly an officer is to ram his head into a window. I also wonder what would have happened if the glass that fell between the Officer and the passenger had killed the passenger, would we not have another BART death. My guess is that proper Police procedure is to use the least force necessary to control and contain an unruly passenger. This might mean forcibly putting the passenger on the ground and handcuffing him, but stops the second the passenger is subdued.
  11/23/2009 11:41:16 PM
Kepano in SJ 


KRON bias reporting 
Jonathan Bloom's "analysis" is so blatantly bias that it's insulting they would present such fabrication ("...the BART officer (BARTO) is being pulled toward the window..."). KRON has NOT displayed ONE comment (in either the 6pm or 11pm news) being critical of the BARTO. ANYONE being pushed toward any object would instinctively put up their arm(s) to brace themselves. IF 'you' are one praising the BART officer, try (which may not be possible) to imagine YOU being pushed toward the glass window! WHY are most of you so quick to place the blame even when there's a video. But then maybe Joe McNamara said it best, (something like) police are going to have to realize that with today's technology, they need to watch what they're doing. Look at the video at the regular speed w/o pauses. NOTICE how the BARTO lowers himself just prior to Gibson's impacting the window. KRON did it's viewing audience a disservice for it's bias 'reporting'- which may have been a 'directive' from ???
  11/23/2009 11:31:40 PM
Law Student 


IS THIS A JOKE??? 
The officer does not seem to have done anything wrong. The suspect was acting crazy and at that point the officer does not know who and what he is dealing with and needs to take precautions. Furthermore, we don't really know what happened. Perhaps the officer was asking the suspect to do something and the suspect did not cooperate. You can't tell if the officer is pushing or being pulled. Maybe the officer asked him to get on the ground and the guy was not responding. Everyone is making a big deal about the glass breaking--but the glass is from the 1970's !!!!! Hello! When I was a teenager (100 pounds) I broke a window just like this one by TAPPING on it--and it broke apart in shards just as the bart window did. I'm disgusted by the upheaval over this incident. I'd like to see how everyone else would handle situations like this if they were in the officer's place. Police officers have to make quick decisions and THEY are the ones that are putting themselves in physical danger. Had the window not been broken no one would have made a big deal if the suspect was pushed up or even slammed up against the wall. The breaking of the glass is nobody's fault--except perhaps BART's. People have ridiculous expectations sometimes when it comes to these things. The suspect was acting unpredictable and appeared to be threatening passengers on the train. As a woman, I would have felt very threatened on that train. And if I'm in a situation like this and I call the police, I would not expect them to act any differently. I understand arguments can be made on both sides. But seriously....
  11/23/2009 11:28:34 PM
Anonymous 


Bart cop 
I think the Bart cop went a little overboard by taking the man off the train. Yes, he might of indentified himself as a cop but all you see is door opening and the cop grabbing the man and pulling him 30ft or so and directly into the glass. He should of just thrown him on the floor and made the arrest. Now the officer has a concusion. Please, save me the drama. Police are just using way to much agressive force to handle situations these days.
  11/23/2009 11:20:36 PM
Anonymousity 


This is NOT excessive force. 
I saw a drunk, unruly patron being calmly escorted off of a train, and placed against a wall in order to effect an arrest. I also saw that same subject take an obvious swing at the window, breaking it. No one should be concerned about this incident except a glaser or two. It appears to me that the news media is deliberately trying to sensationalize this incident in order to incite discontent and generate viewership. Society hires the police to maintain order and enforce the law. Many people have the misconception that the police are supposed to engage subjects in some kind of "fair fight". This is wrong. The subject is legally obligated to submit, and follow the orders of law enforcement officers, and if they do not, the duty of the officer is to gain control over the subject and impose compliance. We (society) do not pay the police to fight, we pay them to win. And we also pay them to not be injured in the process. What this usually amounts to is that the officer will have to use more force than sometimes appears necessary to the uninformed onlooker.
  11/23/2009 11:20:07 PM
Anonymous 


New Comment 
I can't believe this person already has an attorney and already saying mental illness. If that was the case where was his family to make sure he does not causes any harm to others or himself. The officer did a GREAT job and should be thanked not trashed.
  11/23/2009 7:14:37 PM
Anonymous 


Are you kidding me?! 
This BART officer did nothing wrong. This is clearly *not* another Oscar Grant situation as the news stations are making it out to be. His sister, Lisa Gibson, told another news station that the officer clearly used excessive force. “He [the BART officer] basically identified himself and snatched him all in one breath and immediately assumed to be over aggressive and combative and snatched my brother off the train,” she said. “I’ve seen police interact with individuals before and they say – ‘Sir could you kindly step off the train?’” Give me a freagin break, this officer was supposed to tell someone acting like that to 'kindly' step off the train?! Should he of offered him a bottled water or some tea before he handcuffed him too? This same idiot in the video also assaulted an elderly man and was arrested the earlier in the day.
  11/23/2009 7:11:19 PM
Anonymous 


New Comment 
He shouldn't be charged with the battery charge as the glass breaking is BARTs fault. It's their responsibilty to keep the place safe and having breakable glass isn't safe. Be prepared for a lawsuit against BART because of this. I also agree about all police officers having to attend anger management classes. They should also all be forced to stop being all hopped up on performance enhancing meds. They all look like a bunch of steriod freaks and they can't control themselves. ROID RAGE.
  11/23/2009 7:08:04 PM
Anonymous 


New Comment 
For all of those who are crying about excessive force in this particular situation, why not just start walking everywhere then or if you are ever threatened or in danger, just don't call a police officer. It is clearly obvious that this individual, was drunk, disturbed, threatening to passengers and creating a situation that would not only be uncomfortable for other passengers but imagine if your loved one, child, wife, grandparent or anyone else that you care about was on that train with this suspect while he was causing this situation. The officer was dealing with a suspect who was holding in his hand a bag with what was probably a bottle, but could have contained any number of things which could have served as a weapon. Should the officer had just walked up to the suspect and asked politely to leave the train? NO. The officer did his job in removing the individual from the train, alone, without backup and this individual appeared to be intoxicated or on drugs and appeared to be able to cause injury to other passengers or the officer. Removing the suspect from the train is just the beginning, making certain that the suspect was controlled so that he could not resist, escape or assualt the officer or passengers is the next step. Simply removing him from the train and sitting him down on the platform does not ensure that the officer can control the suspect and thus the situation. It is obvious to see in the video that the suspect raised his arm and hit the glass with his arm, and the bottle thus causing the glass to shatter AND causing the injuries to the officer and his own injuries. The officer should does not need to be hailed as anything more than doing his job, however, in doing his job he has suffered injuries that he would not have received if he were sitting behind some desk answering a phone if that were his profession. It is clear that the passengers on this train were happy and grateful that this officer did his job and removed the suspect. It is also cle
  11/23/2009 6:24:16 PM
Anonymous 


Bart officer 
I hope this guy sues the Bart Police for this one. Why not pull him off the train and put him directly on the ground from there? Why did he have to grab him and put him thru the glass 20 to 30 ft away? The cop should lose his job over this one. Ya, the guy was drunk, but he didn't deserve to be put thru the glass and then make up charges against him. The Bart cop should be the one arrested. They need to de escalate the situation...not make it 10 times worse.
  11/23/2009 6:23:27 PM
Anonymous 


Are you kidding me?! 
This BART officer did nothing wrong. This is clearly *not* another Oscar Grant situation as the news stations are making it out to be. His sister, Lisa Gibson, told another news station that the officer clearly used excessive force. “He [the BART officer] basically identified himself and snatched him all in one breath and immediately assumed to be over aggressive and combative and snatched my brother off the train,” she said. “I’ve seen police interact with individuals before and they say – ‘Sir could you kindly step off the train?’” Give me a freagin break, this officer was supposed to tell someone acting like that to 'kindly' step off the train?! Should he of offered him a bottled water or some tea before he handcuffed him too? This same idiot in the video also assaulted an elderly man and was arrested the earlier in the day.
  11/23/2009 6:18:35 PM
Annie in Santa Rosa 


New Comment 
You cannot compare this incident to the New Years day one. Get real people and judge this one on it's own merrits, okay? I think the officer did okay, and I thank him for it. This guy could have hurt someone serously, then people would be angry that an officer didn't deal with it in what they consider a correct manner.
  11/23/2009 6:07:02 PM
Anonymous 


New Comment 
For all of those who are crying about excessive force in this particular situation, why not just start walking everywhere then or if you are ever threatened or in danger, just don't call a police officer. It is clearly obvious that this individual, was drunk, disturbed, threatening to passengers and creating a situation that would not only be uncomfortable for other passengers but imagine if your loved one, child, wife, grandparent or anyone else that you care about was on that train with this suspect while he was causing this situation. The officer was dealing with a suspect who was holding in his hand a bag with what was probably a bottle, but could have contained any number of things which could have served as a weapon. Should the officer had just walked up to the suspect and asked politely to leave the train? NO. The officer did his job in removing the individual from the train, alone, without backup and this individual appeared to be intoxicated or on drugs and appeared to be able to cause injury to other passengers or the officer. Removing the suspect from the train is just the beginning, making certain that the suspect was controlled so that he could not resist, escape or assualt the officer or passengers is the next step. Simply removing him from the train and sitting him down on the platform does not ensure that the officer can control the suspect and thus the situation. It is obvious to see in the video that the suspect raised his arm and hit the glass with his arm, and the bottle thus causing the glass to shatter AND causing the injuries to the officer and his own injuries. The officer should does not need to be hailed as anything more than doing his job, however, in doing his job he has suffered injuries that he would not have received if he were sitting behind some desk answering a phone if that were his profession. It is clear that the passengers on this train were happy and grateful that this officer did his job and removed the suspect. It is also cle
  11/23/2009 5:57:15 PM
Anonymous 


Thank You BART Police 
Living near the hood in East Oakland I can't tell you how many times I have had to endure loud obnoxious and sometimes scary people such as this suspect on public transport. If I was the officer I would have thrown him down the stairs. The officer used restraint and was professional. The suspect clearly broke the glass.
  11/23/2009 5:50:20 PM
Anonymous 


Thanks Officer 
Not excessive at all. Given we have proofs how aggressive and dangerous the suspect can be. Thanks officer. But BART, please do add the repair cost to our ticket price. Thanks.
  11/23/2009 5:49:09 PM
Anonymous 


New Comment 
Why didn't the officer guide him to the big cement pole instead of a glass window??? The officer put innocent BART riders in danger of being cut by flying glass because there were 2 people sitting on the bench by the window which was broken. Excessive? Yes!
  11/23/2009 5:31:48 PM
Anonymous 


Two Pathetic Criminals 
Is this a case of excessive force? No, it is clearly a case of criminal force. What possible reason could there be to slam this man's head into a glass pane? The officer could have subdued him on the platform floor. Clearly, the officer did not expect the glass to break. However, his loss of self-control is responsible for two injuries. What if that pane was over a walkway? The officer could easily be responsible for man-slaughter too. The man was out of control, but we should all expect much more from a "protector of the public." And yet the BART police site says this: "The suspect now faces charges of battery on a police officer with injury (felony)." We should all be very concerned about a law enforcement agency that twists and thinks that it is above the law.
  11/23/2009 4:45:06 PM
Anonymous 


Bart officer did an excellent job. 
Had it been me on that train I would have stopped that puke-bag DEAD in it's tracks with a punch to it's throat followed up with my boot on it's neck, enough said. I also concur with previous posters who've said 'it's a set-up, fo a law suit' another douche-bag is going to get rich with tax payers struck with the check.
  11/23/2009 4:25:06 PM
Anonymous 


great job bart police! 
being a bipolar person or whatever the hell you are does NOT take away from the fact that you can act rowdy in public. Stop making stupid excuses. The officer did his job and did it WONDERFULLY! Thank you to the people in Blue keeping us all safe from harm.
  11/23/2009 3:36:08 PM
Anonymous 


New Comment 
he had been arrested earlier for assault on SAMTRANS. and before that. why was his mental ass not confined somewhere..and the cop was ok until he went near that glass..not a smart move. I was on his side until then..
  11/23/2009 3:14:11 PM
dl adams 


Justice Served 
The officer did the right thing.It seems like we live in a society where what is wrong is right and what is right is wrong.That suspect should be happy the bart police took him into custody before a angry passenger took him on for saying racial slurs.
  11/23/2009 12:26:04 PM
Ralph- BART passenger 


Yup-Safety Glass 
1) I would consider the force used excessive if the officer were not alone. Stunning a perp. seems reasonable to guarantee he is subdued and cuffed without jeopardizing the officer. 2) Safety glass, surprisingly, is not required by the CA Building Code above a certain heights above a floor or distances from a door. But it's ultimately a design judgment call. Overhead safety glass, especially over and along public exit ways, makes sense in earthquake country: It's not that much more expensive! This glass can be retrofitted with a film to meet safety glass standards at a relatively low cost but tight budgets, caused by neurotic CA tax payers (no insignificant role), hampers efforts. So say a little prayer if you happen to be under glass during or after a quake. 3) I don't find it surprising, that in a society in which health care is a privilege, and allows it's government to clumsily kill tens of thousands of innocent civilians in the pursuit of our safety, that some obvious little safety issues are neglected. Good Luck-
  11/23/2009 11:51:45 AM
old guy 


wake up bay area 
Come on bay area, wake up. Everybody (including the media) was so quick to jump on this BART officer and after slowing down the tape we find the truth. BART officers are daily putting themselves between bad guys and us, the public. I believe it is terrible that injury and even worse happens. As we have learned these events can result in the unfortunate loss of life. However we need to provide quick review, make the required changes to policy / procedure and then allow these brave and dedicated protectors to do their job. The current critical and one sided review of recent BART incidents is unfortunate.
  11/23/2009 11:45:11 AM
Raphael 


Anger management 
Hi, All law enforcement officers should be required to attend an anger management workshop every six months,or yearly. Raphael
  11/23/2009 11:17:07 AM
Anonymous 


New Comment 
the bottle that the bart rider had in his left hand he put in his right hand when the officer grabbed him the bart rider extended his right hand and you see the bottle in the brown paper bag hit the window
  11/23/2009 11:12:43 AM
Ceph 


New Comment 
I can't speculate on whether it was excessive force that caused the glass to break.I take issue with the charges against Gibson. The bart cop hurt himself while attempting to rough up the suspect. I know from first hand experience that cops regularly brutalize suspects and then charge them with resisting arrest. The charges are made as an excuse as to how the detainee was injured during the arrest. The police regularly do the exact same thing to suspects. The breaking glass just added drama to the situation.
  11/23/2009 11:07:45 AM
Anonymous 


New Comment 
THE officer could have chosen a non-breakable medium to slam the drunkard's face into. Such as the concrete pillar nearby. This shows the LACK OF FAMILIARITY WITH THE WORK PLACE AND TRAINING.
  11/23/2009 11:00:37 AM
R Nelson 


The Cop was Right 
Too often there are drunk or drugged people on the trains that make the other passengers feel uncomfortable, even threatened. They should be man handled and taught that you do not behave that way in public, much less on public transportation. Keep up the good work BART. Thanks
  11/23/2009 10:57:14 AM
Lorena 


Personal Responsibility 
As a rider of BART for over 10 years, I've always felt safe on BART. Well recently, the riders have become uncivil and unaccountable for their actions. Just this Saturday some hostile man stood up to the train I was on with many tourists and insisted we give him money. When most of us did not respond, he got even more angry and got in the face of the individuals closest to the door and yelled at them. It's ridiculous that we can no longer safe among these irresponsible individuals. While I do not condone excessive force, I do not believe some drunken idiot should have gotten as far as he did into the BART in the first place.
  11/23/2009 10:48:22 AM
Anonymous 


New Comment 
Yes the man was drunk. Yes he was a danger. Yes the officer did AT FIRST do the right thing. But drunk and crazy or not, is it ever right to push someone into glass to the point of it breaking? I think we need to be realistic, and humane here. That drunk guy needed to be arrested, not slammed into a window to the point of it breaking! Are we so desensitized that we do not see something so wrong when it is right in front of us? I support our cops, but I think we should notice a bad pattern gone too far and stop letting cops off of the hook so easy.
  11/23/2009 10:48:16 AM
David T. 


Drunken JERK!!! 
David Turner Kuddos to the police officer doing his job in an expedient, professional manner. Yes, of course there will be the calls from lawyers like John Burris representing this undeserving drunk, but hey...lawyers have there job to do too. The police officer here was indeed well within his boundaries to handle this situation......maybe Burris can represent both for their injuries for having inadequate glass installed at the BART station. In a perfect world, I think that the drunk should be held liable for ALL losses here..the injury to the police officer as well as the cost of the glass panel...however, we are in a lawsuit happy world these days and we as tax payers will end up cashing out of court to this drunk in order to save a little money...isn't life grand! Hopefully this drunk will do us all a favor and drink himself to oblivion when he gets his settlement...WHAT A JERK!
  11/23/2009 10:44:11 AM
john martin 


Bart Officer did his job 
The Bart officer was summoned by the Bart passengers because the drunk was threatening them as the video shows. The officer did what we pay him to do, protect the peace. He should be thanked for preventing what could have become a violent attack upon the Bart riders.
  11/23/2009 10:35:15 AM
Anonymous 


New Comment 
BART officer did the RIGHT thing. Thank You to him!!!
  11/23/2009 10:31:22 AM
Nakiso Martin 


Why does the man being charge with a battery? 
Bottom line is "force" in a non-hostile situation. when someone is resisting an arrest that is when you use what you learn in the academy to reframe someone. The glass broke because he used excessive force to a drunk man who was not resisting arrest. when you arrest drunk people 9 times out of ten they will resist the arrest. last but not least how is it that the man is being charged with a battery when you can see for your self the man never hit the police man. oh, is it because he injured his self while throwing the man into the window? This is to show police do what they do because they get away with it. now everyone is sick of police brutality so now you have cop events using excessive force.
  11/23/2009 10:31:12 AM
Joanthan 


Thanks Again Bart Police 
I've been a BART comuter for almost two years, and seen plenty of beligerent drunk passengers. They're always brave when they are yelling at some senior or mom riding with her kids, yet never fail to assume the victim roll as soon as somebody shows up with a blue shirt. Its not to deal with a 200+ Lb beligerent drunk, so thanks again for doing it for us BART Police.
  11/23/2009 10:29:26 AM
Anonymous 


BROKEN WINDOW 
Ppl take a look at what broke the glass, it was the bottle the suspect was carrying!! The suspect knew what he was doing.
  11/23/2009 10:28:02 AM
Anonymous 


New Comment 
I am in support of the BART officer. He did his job. the attorney from the other case is putting his 2 cents into this as well. What a looser. I think people should really walk on COPS shoes before they pass judgement. This people put there lives at risk for us every single day. It was clear the person was out of control and clearly looks when the PERP pushed himself to that glass. People should really stop and get a life, don't jump on the VAN WAGON thinking it was another Oscar Grant case. Even that one I'm surprise it has gotten that far it should of ever. That officer did nothing worng as well. He was just made an example cause of the publicity it got. I feel sorry for Mehserle and his family and now for the Bart police Dept and family as well.
  11/23/2009 10:21:51 AM
Defense Attorney 


no defense for Gibson 
He was clearly in violation of statutory, POSTED laws (no drinks on train). The definition of simple criminal assault is the intentional causing of apprehension of imminent harmful or offensive contact. Here, Gibson is clearly assaulting one passenger and a police officer. What else is there to say? I am a champion of defendants, but there is no defense to Gibson's actions, and the officer was completely justified in his successful attempt to prevent a battery.
  11/23/2009 10:19:32 AM
Anonymous 


Bart Cop Guilty of Excessive Force 
Yes the Bart officer used excessive force and poor judgment to pull the suspect toward the windows to arrest him there. Not smart at all. He could have avoided his injuries and the suspect's injuries by arresting the suspect immediately after his exit from the doors. It was those unnecessary steps he took to arrest the suspect in the back against the windows that convinces me his motive was to cause injury to the suspect by slamming him against the window. No cop needs a window or wall to make an arrest. That only used to cause police brutality.
  11/23/2009 10:09:22 AM
joyce 


Bart office acted bravely and heorically 
Thanks, Bart officer. You courageously put yourself in harm's way to protect and serve. Without your courage, many passengers may have been injured by the suspect who was terrorizing them and was all the more volatile due to being under the influence. I am so glad that you did not just stand and watch.
  11/23/2009 10:08:21 AM
Anonymous 


New Comment 
I feel the cop used way more force then necessary! There was no reason he had to slam him against the wall with that much force. I totally agree with the officer pulling him off of the train, that gentleman has no right to be on the train acting that way.
  11/23/2009 10:06:40 AM
Anonymous 


biased reporting does not help 
We must question why the police officer dragged someone a few ft and slammed him against glass that did break and could have hurt the suspect and the officer for that matter; the suspect could be innocent and not guilty of any crime, as we are innocent till proven guilty in a court of law. And, I do not believe that this was a setup, the paranoid retired officer should have commented that there are procedures in arresting a suspect and appropriate levels of force, not carrying someone a few feet and slamming them on the glass (the amount of force to break the glass is irrelevant), the danger of broken glass is not however, and the officer evidently went out of his way to take the suspect and slam them against the glass, with the obvious intention of breaking the glass and obvious intent of hurting the suspect. If of course, the suspect was resisting, had some sort of weapon endangering the officer, then all is forgiven, but if he had some moment of anger and used some inappropriate language, then, the officer should grow up, because he is not a knight of the round table, because he is certainly not interested in protecting the public.
  11/23/2009 10:06:05 AM
deadlycamera 


To Start Off With 
To start off with, "no drinks on trains"! He should have been asked to get off the train just for that alone. Rules should apply to everyone! This was NOT a case of excessive force! Not at all!
  11/23/2009 10:04:52 AM
Tira 


Bart Incident 
The BART officer handled the situation very well. His job is to protect and serve, and that's exactly what he demonstrated on that platform!
  11/23/2009 9:57:24 AM
Elijah 


Bart Incident 
I support the officer's actions in this situation. As you can see, the suspect was still resisting after being in custody. The officer had all means to use the force he did.
  11/23/2009 9:56:48 AM
Petaluma John 


New Comment 
To me it looks like the suspect swings his right arm just before impact. The glass is broken by his arm or elbow. In the suspect's defense, he may have swung his arm to prevent his face from hitting the glass. And, since he was drunk, he swung a little to hard. Verdict. Arresting officer not over the line, unfortunate accidental breaking of glass due to suspect's impaired reflexes. Another question: why wasn't that safety glass? There's your story: code violations at BART?
  11/23/2009 9:55:54 AM
Anonymous 


New Comment 
Yes the man was drunk. Yes he was a danger. Yes the officer did AT FIRST do the right thing. But drunk and crazy or not, is it ever right to push someone into glass to the point of it breaking? I think we need to be realistic, and humane here. That drunk guy needed to be arrested, not slammed into a window to the point of it breaking! Are we so desensitized that we do not see something so wrong when it is right in front of us? I support our cops, but I think we should notice a bad pattern gone too far and stop letting cops off of the hook so easy.
  11/23/2009 9:53:20 AM
Mo 


I support bart officer 
I give support for BART officer and he did good job. In my oppinion thats how yuo should deal with any one who desturbs public peace.
  11/23/2009 9:51:32 AM
Ed 


Untempered glass 
Obvoiusly, the glass was not tempered or laminated safety glass, or it would not have broken in large jagged chards. The question should be is tempered glass required in public places such as bart stations.
  11/23/2009 9:49:19 AM
us citizen 


Police Excessive force 
Bottom line all police officers are extensively trained to deal with armed/unarmed problem individuals.In this case the officer should have sat the man on the floor not slam him against the wall.The police officer new that the glass would break and the consequences of his decision to do so.Police know what they are doing but do not care because they will be seen as the victims as this policeman is.They need to see the real reasons why police use excessive force when it really is not necessary in many cases.They are costing the state too much money when they use excessive force by hurting the person and themselfs.
  11/23/2009 9:44:56 AM
TroyF 


Why Glass Broke - IMHO 
WHen KRON just showed the SLow-mo of the video - It looks to me like the Bottle in the bag hits the lower left corner of the window - possibly it even goes out the window - I don't see it in his hand after - any comments?
  11/23/2009 9:42:35 AM
Mom Bart Rider 


New Comment 
He was drunk in public and on Bart. Nothing worse then riding bart with your kids and being stuck with some drunk guy acting stupid. It's a scary situation to be in. The Bart officer did his job.Had this guy not been drunk on Bart none of this would happen. Kuddos for the Officer for making Bart a safer ride!
  11/23/2009 9:39:43 AM
A.Rod 


Bart 
I appriciate the good samaritin helping the officer, not all cops are bad just missguided.What the video shows is a cop useing his skills no more no less.
  11/23/2009 9:33:30 AM
Anonymous too 


New Comment 
One more taped example of a BART Officer using unnecessary excessive force. He forced the non combative passenger against the glass panel, who was NOT resisting arrest or fighting him.
  11/23/2009 9:27:06 AM
Rafael san jose 


bart cop 
I think that any cop found guilty of breaking any of their rules should be fired and if you look at the re-play on that camera you can clearly see that it is use of extreme force.Like here in san jose how they are about to review about 200 cases on these so called officers of the law........
  11/23/2009 9:23:49 AM
LS 


Intoxicated person vs Bart Police 
Thank goodness the Bart police still can do their jobs. If you ride public transportation, I'm sure you know how annoying a pushy drunk can be. The media needs to play the audio with the video , and report the whole news. The Bart riders all cheered when this man was removed fom the train. So give the officers a round of applause too.he did a great job!!!!!
  11/23/2009 9:16:51 AM
Petaluma John 


New Comment 
To me it looks like the suspect swings his right arm just before impact. The glass is broken by his arm or elbow. In the suspect's defense, he may have swung his arm to prevent his face from hitting the glass. And, since he was drunk, he swung a little to hard. Verdict. Arresting officer not over the line, unfortunate accidental breaking of glass due to suspect's impaired reflexes. Another question: why wasn't that safety glass? There's your story: code violations at BART?
  11/23/2009 9:16:23 AM
Anonymous 


DOING THE RIGHT THING!!!! 
The officer responded to a