Local News

OAKLAND (CBS 5 / AP / BCN) ― Controversy involving Bay Area Rapid Transit's police department went viral again over the weekend as cell phone video hit the Internet showing what some claimed was another use of excessive force.

A video showing the bloodied arrest Saturday evening of an unruly and  mentally ill passenger accused of being disruptive on a BART train came just hours after the same man had been arrested for allegedly assaulting a person aboard a SamTrans bus, authorities told CBS 5.

The incident has again prompted claims of BART police brutality. It followed video footage that surfaced earlier this year of a BART officer fatally shooting an unarmed man — an incident that incited riots in Oakland.

The latest amateur video posted to the Web site YouTube showed an unidentified officer pulling 37-year-old Michael Joseph Gibson of San Leandro from a train stopped at the West Oakland station about 5:40 p.m. Saturday. The officer pushes Gibson toward a concrete wall with thick glass windows; seconds later the glass shatters and rains onto both men.

Gibson suffered "minor lacerations," while the officer sustained "several lacerations requiring multiple stitches, and a concussion," according to BART police Cmdr. Daniel Hartwig.

Gibson remained in custody Monday on suspicion of felony battery on a police officer, resisting arrest and disorderly conduct.

Gibson was arrested after authorities received complaints and 911 calls that he had been yelling racial slurs and profanity and challenging other BART passengers to fight. Police and witnesses said he was carrying alcohol in a bag and appeared to be intoxicated, but Gibson's family said he suffers from bipolar disorder and schizophrenia.

Earlier Saturday, it turns out Gibson was also arrested by police in Daly City for assault and battery over a disturbance aboard a SamTrans bus, according to Daly City Police Sgt. David Mackriss.

Mackriss said Gibson was taken off the bus at Serramonte Center at approximately 11 a.m. after allegedly assaulting an elderly passenger. He was was taken to the Daly City police headquarters, cited and then released, according to Mackriss.

Lisa Gibson said she knew nothing about her younger brother's arrest in Daly City, but maintained he didn't need to be handled so aggressively by the BART officer.

"He was snatched up and thrown into that thick glass window," she said Monday. "There's no way that officer was just trying to put him in handcuffs."

John Burris, an Oakland civil rights attorney representing the family of the unarmed man killed by a BART officer on New Year's Day, also criticized the officer's handling of Gibson, saying he didn't give the suspect enough time to respond to his order to get off the train.

"He just physically grabbed this person without giving him the opportunity to respond, comply or surrender," said Burris, who plans to represent Gibson in both criminal and civil cases. "This officer responded physically instead of verbally."

Hartwig said a BART police investigation would examine whether the amount of force the officer used to take Hartwig into custody was justified. BART spokesman Linton Johnson said the agency was also investigating why the glass shattered so easily.

Saturday's incident caught on video was reminiscent for some of cell phone recordings that captured officer Johannes Mehserle fatally shooting 22-year-old Oscar Grant III in the back on New Year's Day at Oakland's Fruitvale BART station.

Mehserle has pleaded not guilty to a murder charge. His lawyer Michael Rains has said his client had intended to pull his stun gun on Grant and accidentally pulled his pistol instead.

That death led to violent protests in the community and prompted the filing of a multi-million dollar civil suit against the transit agency.

Officials indicated that they had learned lessons from the Grant shooting.

BART Board Member Lynette Sweet said Saturday's incident was the first use-of-force case since the agency mandated after Grant's death that all such incidents receive close scrutiny.

"This incident will get thoroughly investigated," Sweet said.

One thing that is clear: concerned passengers had asked Gibson to get off the train, and a smattering of cheers could be heard on the video as the officer pulled Gibson from the passenger car.

But it's too early to tell what happened next, Hartwig said. "That's why we need those facts. We cannot assume."

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