Booking photo for Michael Joseph Gibson after his arrest for assaulting an elderly man on a SamTrans bus earlier on the same day as the BART confrontation

OAKLAND (KRON/BCN) – Though BART police had arrested Michael Joseph Gibson on felony charges of battery of a police officer with injury, obstruction and resisting an officer, the Alameda County District Attorney's Office is choosing to only to charge him with the three misdemeanors.

The 37-year-old San Leandro man was arraigned Tuesday on misdemeanor charges of disturbing the peace, being drunk in public and indecent exposure in connection with a confrontation at the West Oakland BART station on Saturday.

Gibson, who is represented by Oakland attorney John Burris, pleaded not guilty and is scheduled to return to Alameda County Superior Court on Dec. 17. Commissioner Karen Rodriguez set his bail at $5,000.

According to BART, witnesses said Gibson appeared to be intoxicated and was yelling racial slurs and profanity at other passengers on a train at the West Oakland station at about 5:40 p.m. Saturday.

A video of the incident shows an officer, whose name hasn't been released, pulling Gibson off the train and across the platform. The officer appears to shove Gibson toward a glass window, which shatters, injuring both men.

Burris tells KRON 4's Mark Danon, the videotape clearly shows Gibson did not assault the officer.

"The most significant part of this to me is that Mr. Gibson, although he was being loud and obnoxious, the officer shouted and attacked him without any real warning to give him an opportunity to comply and then physically manhandled him," Burris said.  "Then to add insult to injury to all of this, the officer charged Mr. Gibson with a felony assault on a police officer when any clear view of the tape demonstrates that it was the officer was the one doing the physically aggressive conduct."

BART spokesman Linton Johnson said the officer suffered facial cuts requiring multiple stitches and a concussion. He notes that Gibson suffered multiple lacerations to his right hand, right forearm and right palm and a minor cut to his head, but that none of his injuries required stitches.

The officer and Gibson were taken to different hospitals and were released later Saturday night.

Johnson said the officer is on industrial leave because he’s unable to perform his duties due to his injuries.

While Gibson was arrested earlier the same day for allegedly attacking an elderly man by kicking the victim in the buttocks, Burris says it makes no difference.

"This man has emotional problems," Burris added.  "There's no doubt about it.  But the officer who engaged in this conduct had no information about that.  His conduct stands on its own.  What he observed and what he did is what really counts here, not what this person's prior history is."

Burris says the officer had better options than to physically confront Gibson who witnesses say was acting unruly and shouting obscenities and racial slurs.

"Any reasonably trained police officer would assess that situation and see this person has a problem," Burris said.  "You don't physically escalate that problem.  What you try to do is calm him down.  You talk softly.  You move slowly.  You don't then attack the person because all you do is exacerbate the situation.  So then the person is totally out of control.  You are physically manhandling him.  You throw him against the wall.  And then you charge him with a crime that he has not committed.  That's outrageous."

Burris has already said he may file a civil lawsuit against BART and the officer over the incident.

Stay tuned to KRON 4 and KRON4.com for the latest in this developing story.

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