Nov 23, 2009 1:12 pm US/Pacific
Sister, Lawyer: BART Officer Used Excessive Force
OAKLAND (CBS 5 / AP / BCN) ―
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A BART police officer arrests a suspect identified as Michael Joseph Gibson (inset).
CBS
An Oakland civil rights lawyer and the sister of an unruly passenger injured after being removed from a Bay Area Rapid Transit commuter train contended Monday that BART police used excessive force on the mentally ill man.
Lisa Gibson said the officer was being overly aggressive when he grabbed her 37-year-old brother Michael Gibson, who has bipolar disorder and schizophrenia.
Michael Gibson, of San Leandro, remained in custody Monday on suspicion of battery on a police officer, resisting arrest and disorderly conduct.
Attorney John Burris said Gibson's family contacted him to see if he would represent Gibson in a possible lawsuit against BART in connection with the incident. Burris said he planned to meet with Gibson sometime Monday at the Santa Rita Jail in Dublin.
The Saturday evening incident was caught by a passenger on cell phone video that was posted online.
It shows a BART officer pulling Gibson off a train in West Oakland and pushing the suspect toward a glass wall. The glass broke, causing injuries to both men.
Burris said he had seen the video and thought the officer overreacted and "made no effort to de-escalate the situation."
The name of the officer has not been released and BART officials said the matter was under investigation.
Gibson's arrest "is a use-of-force case that we will thoroughly investigate," BART police Cmdr. Daniel Hartwig said.
According to witnesses, Gibson appeared to be intoxicated and was yelling racial slurs and profanity at other passengers on a train. The video shows him yelling on the train, and the other passengers initially cheer when the officer pulls him off.
BART spokesman Linton Johnson said the officer suffered facial cuts requiring multiple stitches and a concussion. He said Gibson also sustained 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, according to BART.
Burris said he thinks the officer should have made an effort to determine if Gibson was under the influence of alcohol or drugs or if he was mentally impaired before pulling Gibson from the train.
He maintained Gibson wasn't fighting with anyone when he was arrested.
According to BART, the officer involved is on industrial leave, meaning he is unable to perform his duties because of his injuries.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press and Bay City News contributed to this report.)
BART Police Officer, Suspect Bloodied In Scuffle
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