BART reaches $6.75M settlement with woman shot in the back by officer at Union City station

SAN FRANCISCO (KRON) — Bay Area Rapid Transit has reached a $6.75 million settlement with a woman who was shot in the back by a BART Police Department officer in Union City last November. Jasmine Gao, 33, reached a mediated, pre-litigation settlement with the transit agency on June 19, BART said Friday.

BART PD officers responded to the Union City BART Station on Nov. 18, 2024 on a report of a vehicle doing donuts. Gao was cleared of that possible crime when officers noted that her tires were cold.

Officers then determined that Gao’s vehicle registration appeared to be expired. When she drove away, BART PD officer Nicholas Poblete opened fire on her and she was shot in the back.

Roughly 12 hours later, BART Chief of Police Kevin Franklin said that based on a preliminary investigation, Gao was “alleged to have assaulted a police officer.” BART officials initially claimed that Gao had dragged officers with her vehicle while driving away.

A subsequent review of body-worn camera footage revealed that Gao did not assault officers, was not dragging anyone, and was driving away when she was shot. BART further acknowledged that no officer was dragged or endangered by Gao driving away.

Following an administrative investigation, BART said Poblete was terminated.

According to Gao’s attorney, Ben Nisenbaum, “Ms. Gao was badly injured by a police shooting that was an unreasonable overreaction to a vehicle registration that had expired so recently that California law prevented police from taking any law enforcement action against her.”

“Gao was shot in the back, 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,” Nisenbaum added.

“Ms. Gao and her family recognize the importance of resolving this case expeditiously without filing a lawsuit,” Nisenbaum continued. “The acceptance of accountability by BART and Chief Franklin are significant factors in the settlement.”

“Our priority is public trust,” said BART Chief Communications Officer Alicia Trost. “We immediately placed Nicholas Poblete on leave pending an independent investigation. We engaged Ms. Gao’s attorneys before a lawsuit was filed to work toward an early resolution that brings closure to Ms. Gao and her family while avoiding years of litigation.”