Unruly BART passenger charged with misdemeanors

A man who was hauled off a BART train and shoved by a police officer into a window that smashed upon impact was arraigned on three misdemeanors Tuesday.

Michael Gibson, 37, of San Leandro was charged with disturbing the peace, being drunk in public and indecent exposure by the Alameda County District Attorney’s Office. BART police arrested Gibson on Saturday on felony charges of battery of a police officer with injury, obstruction and resisting an officer.

The officer and Gibson sustained injuries when the glass shattered.

Gibson, whose sister said he suffers from bipolar disorder and schizophrenia, pleaded not guilty to all charges and court Commissioner Karen Rodrigue set bail at $5,000. If convicted on all three counts, Gibson faces a year or more in jail, Deputy District Attorney Ann Kenfield said.

Bail initially was set at $50,000. 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 term, and he has failed to appear in court on multiple occasions.

“It was appropriate,” John Burris, Gibson’s attorney, said of the reduced charges.

According to BART, witnesses said Gibson appeared intoxicated and was screaming racial slurs and profanities at passengers, challenging some to fight, on a train at the West Oakland station about 5:40 p.m. Saturday.

A video of the incident then shows the officer — who has not been named by BART because he does not face any charges — removing Gibson from the train, hauling him across the platform and shoving him into the glass window, which shattered.

The officer suffered facial cuts, which required stitches, and a concussion, according to a BART spokesman, who said the officer remains on industrial leave because he is unable to perform his duties. Gibson had lacerations on his right hand, right forearm and right palm and a minor cut on his head.

Gibson is being held at Santa Rita Jail in Dublin.

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