CrimeWatch

OAKLAND (CBS 5 / BCN) ― A 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.

Attorney John Burris said he thinks "it was appropriate" that the Alameda County District Attorney's Office didn't charge 37-year-old Michael Joseph Gibson of San Leandro with felony charges of battery of a police officer with injury, obstruction and resisting an officer and disorderly conduct.

BART police arrested Gibson on suspicion of those charges as well as a misdemeanor charge of being intoxicated in public.

Instead, prosecutors only charged Gibson of three misdemeanors: disturbing the peace, being drunk in public and indecent exposure.

Deputy District Attorney Ann Kenfield said Gibson could face a year or more in the county jail if he's convicted of all the charges against him.

Burris said the choice to only file misdemeanor charges was "a very good decision" and he said it was "a very good day" for Gibson.

Gibson, who was dressed in green jail clothes and had scruffy facial hair, pleaded not guilty to the charges against him at a brief hearing Tuesday.
 
Alameda County Superior Court Commissioner Karen Rodrigue ordered him to return to court on Dec. 18 for a pretrial hearing.

Burris asked the judge to reduce Gibson's bail, which originally had been set at $50,000, to $2,500, but Kenfield said a higher bail would be appropriate because Gibson has had his probation on other crimes revoked 18 times for not complying with the terms of his probation and he has failed to appear in court on multiple occasions.

Rodrigue decided to set Gibson's 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 around 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. Gibson still had a large bandage on his right wrist at Tuesday's hearing.

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

After he was treated, Gibson was arrested and taken to the Santa Rita Jail in Dublin.

Burris said it wouldn't be appropriate to charge Gibson with assaulting the BART police officer because he thinks the officer was the aggressor in the incident because he slung Gibson against the window.

"It was an overreaction by the police officer and Mr. Gibson never struck the officer," Burris said.

Burris told Rodrigue at the hearing that Gibson "has a bit of psychiatric history" and also has been in many courtrooms over the years.

After the hearing, Burris said he hopes that Gibson can be released on bail.
Referring to Gibson's psychiatric issues, Burris said, "He has his own personal demons and I hope he can give direct attention to them."

Gibson's aunt, Sylvia Hawkins, said of the decision not to charge Gibson with any felonies, "I'm very satisfied with the outcome."

(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)