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Posted: Wednesday, 25 November 2009 6:13AM

Man Charged with 3 Misdemeanor Crimes in BART Scuffle



OAKLAND, Calif. (KCBS)  -- 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.

BART police arrested 37-year-old Michael Gibson on felony charges of battery of a police officer with injury, obstruction and resisting an officer, but the Alameda County District Attorney's Office chose only to charge him with the three misdemeanors.

ListenKCBS’ Bob Melrose Reports

Gibson pleaded not guilty to the counts and is expected back in court December 17.

Gibson’s father Joseph said outside of court that his son, who has mental problems, should have not been released from a psychiatric hospital because it’s hard for the family to keep track of him.

”We are as involved as we can be, because sometimes he doesn’t even know us, or he doesn’t want to know us,” said Gibson. “We’re there, for whatever we can do, but sometimes there’s nothing we can do, and that’s when he ends up in these situations.”

Gibson’s lawyer John Burris says the officer overreacted and there could be a civil suit filed.

Witnesses said Gibson appeared to be intoxicated and was yelling racial slurs and profanities at other passengers on a train at the West Oakland station.

A video of the incident shows an officer pulling Gibson off the train and across the platform. The officer and Gibson shattered a glass window at the station, leaving each with minor injuries.

Gibson was also cited earlier in the day Saturday in Daly City for an alleged disturbance on a SamTrans bus.

 

(mgo/kmi)


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