3 months ago
ALAMEDA COUNTY, CA - A San Leandro man with a history of mental health problems is scheduled to be arraigned later Tuesday on charges stemming from a confrontation with a BART police officer at the West Oakland BART station on Saturday.
However, Alameda County Deputy District Attorney Paul Hora said he won't make a decision on what charges, if any, he will file against Michael Joseph Gibson, 37, until early Tuesday afternoon because he is waiting for additional reports from BART police.
Oakland attorney John Burris said Tuesday that he will represent Gibson on any criminal charges that are filed against him and also will consider filing a lawsuit on behalf of Gibson against BART accusing the agency of civil rights violations and police brutality.
Burris said he's focusing on the potential criminal case for now and won't make a decision on filing a lawsuit until later.
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.
BART spokesman Linton Johnson said the officer suffered facial cuts requiring multiple stitches and a concussion.
Johnson said 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'sunable to perform his duties due to his injuries.
After he was treated, Gibson was arrested and taken to the Santa Rita Jail in Dublin, where he is being held on suspicion of felony charges of battery of a police officer with injury, obstruction and resisting an officer and disorderly conduct and a misdemeanor charge of being intoxicated in public.
Burris said he met with Gibson at the jail Monday afternoon and said Gibson's right arm is still bandaged.
Gibson is scheduled to be arraigned sometime after 2 p.m. Tuesday at the Wiley Manuel Courthouse at 661 Washington St. in Oakland.
Bay City News
