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A $6.75 million settlement was announced Friday between BART and a 33-year-old woman who was injured when a police officer shot her at the Union City station last November.
A joint written statement between BART and Jasmine Gao’s attorneys, John Burris and Ben Nisenbaum, stated they had reached a mediated pre-litigation settlement after Gao was left with significant injuries when BART Police Officer Nicholas Poblete discharged his weapon during a vehicle stop on Nov. 18.
“While it helps that BART has taken a measure of responsibility in resolving this case without litigation, Ms. Gao’s injuries will be with her for the rest of her life,” Nisenbaum said.
According to the statement, Poblete was responding to reports of someone doing donuts in their vehicle at BART’s Union City station. Upon confirming Gao was cleared of any crime, the officer determined her registration appeared expired. Gao drove away from the scene and that is when Poblete fired his weapon.
Both parties clarified the details of the case following incorrect public statements made by BART Police Chief Kevin Franklin the day after that alleged Gao attempted to flee the scene while dragging an officer with her car.
BART reviewed body-camera footage and acknowledged in the statement that when Gao drove away, no officer was endangered. The transit agency also conducted an administrative investigation and decided to terminate Poblete.
“Regrettably, BART released statements initially after the shooting that did not accurately reflect what happened and portrayed Ms. Gao as a possible aggressor against the officers. The shooting should never have happened, and this settlement does provide some accountability for that,” said Nisenbaum. “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.”
BART spokesperson Alicia Trost emphasized the agency’s desire to remain trustworthy to the public.
“Our priority is public trust. We immediately placed Nicholas Poblete on leave pending an independent investigation,” said Trost. “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.”
– Story by Andres Jimenez Larios / Bay City News Service
