Carlos E. Castañeda is a senior editor of news and social media for CBS Bay Area.
Bay Area Rapid Transit will pay $6.75 million to a woman who was shot by a BART police officer last year at the Union City station as part of a lawsuit settlement, the agency said Friday.
The incident happened on Nov. 18, 2024, at 9:30 p.m. in the station parking lot. Two BART police officers were investigating reports of a vehicle doing donuts in the parking lot and were questioning 33-year-old Jasmine Gao, who was in her vehicle.
The officers cleared Gao of driving recklessly after noting her tires were cold. Video from officers' body-worn cameras showed officers determined that Gao's vehicle's registration appeared to be expired, and they continued to question her as Gao became increasingly agitated and erratic.
At one point, Gao snatched her driver license out of an officer's hand, prompting the officers to forcefully try to remove her from her vehicle as she exclaimed, "Stop! You're scaring me!"
Gao then drove away, and Officer Nicholas Poblete opened fire at the vehicle, hitting Gao in the back. Her attorney said in a statement that the bullet barely missed her heart, and Gao was left with "significant physical and emotional distress injuries."
The original police report said Gao assaulted the officers with her vehicle, and that was the reason for the shots being fired. About 12 hours after the shooting, BART Police Chief Kevin Franklin issued a statement saying aside from the assault charge, Gao would be charged with evading, resisting arrest, and had two outstanding arrest warrants.
However, after the police body cam video was released, it was determined that the police report was not accurate. No criminal charges were ever filed against Gao.
BART said it reached a mediated pre-litigation settlement with Gao on June 19, and as part of the settlement, the agency agreed to issue a joint statement acknowledging that the report and public statement by the police chief were not accurate.
"BART acknowledges that when Ms. Gao drove away, no officer was being dragged or had any body part stuck in the window of her car when Poblete fired, and that no officer was otherwise endangered by Ms. Gao's driving of the vehicle," the statement said. "After completing an administrative investigation of the incident, BART issued a notice of intent to terminate Poblete."
"Ms. Gao was shot in the back, and the bullet passed between her heart and a major artery. She nearly died. She was hospitalized and no longer has full mobility in her left arm," said Gao's attorney Ben Nisenbaum in a prepared statement. "Ms.Gao and her family recognize the importance of resolving this case expeditiously without filing a lawsuit. The acceptance of accountability by BART and Chief Franklin are significant factors in the settlement."
"Our priority is public trust. We immediately placed Nicholas Poblete on leave pending an independent investigation," said BART spokesperson Alicia Trost in a prepared statement. "We engaged Ms.Gao's attorneys before a lawsuit was filed to work toward an early resolution that brings closure for Ms.Gao and her family while avoiding years of litigation. BART believes resolving this matter promptly is also in the best interest of our riders, employees,and the community."