No Criminal Charges Filed in Shooting Death of BART Police Sergeant

The fatal shooting occurred on Jan. 21 around 2 p.m. in an apartment located at 6450 Dougherty Road in Dublin.

No criminal charges will be filed in the fatal shooting of BART police Sgt. Thomas "Tommy" Smith during a probation search at an apartment in Dublin in January, the Alameda County District Attorney's Office said in a long-awaited report released today.
Smith, 42, was shot by a fellow BART officer, Detective Michael Maes, while they were among a group of officers conducting a probation search at a robbery suspect's apartment at 6450 Dougherty Road in Dublin at about 2 p.m. on Jan. 21.
Deputy District Attorney John Creighton said in a 13-page report, which took more than four months to complete, that neither Smith or Maes "uttered a single word inside the apartment that might have alerted either one to the presence of the other" before Maes fired.
Creighton said Smith had heard voices inside the apartment before officers entered and Maes was aware that someone had left the front door unlocked. The prosecutor said that when Maes walked through the center hallway to the master bedroom's other doorway he saw "a shadowy figure" with an upraised firearm suddenly emerge from a dark walk-in closet area so "he concluded that he was confronting an armed suspect who posed an imminent threat of serious injury or death to himself and his fellow officer, Scott Hamilton."
Creighton said Maes' decision to fire his weapon "was an objectively reasonable response to this perceived threat."
Officers were conducting a search of the apartment of John Henry Lee, 20, who had been charged with second-degree robbery for a robbery at BART's Fruitvale station in Oakland on Jan. 15.
Creighton said, "There is insufficient evidence to warrant filing any charges against Detective Maes in connection with the shooting death of Detective Thomas Smith" and prosecutors don't contemplate any further action in the case.
BART Police Chief Kenton Rainey said in a statement that the release of the District Attorney's report "allows BART police to move forward with concluding its internal investigation of the tragedy." He said that he can't discuss the details of BART's probe until it is completed.
Rainey said that following the fatal shooting, he took action to begin the process of reviewing and updating the BART Police Department's policies, procedures and training to ensure that such a shooting never happens again.

—By Bay City News

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Desert Rat June 01, 2014 at 11:25 PM
Ken's writing betrays his ignorance of most every subject, including the English language. It is sad though that there are those so ignorant of the reality of these types of incidents. Nevertheless, it is our armed forces and our public safety members that go to work every day to make sure we all continue to have the freedom to make our voices heard, even if they are clueless, heartless, and callous.
Lisa L June 04, 2014 at 10:33 AM
Well.... it looks like the gun slinging cowboy's (known as Dublin PD) get away with it again. Does anyone else out there wonder why we hear about these shootings by Dublin PD so often. Perhaps Dublin should look to near by cities for help in implementing training. These other cities have methods they use to avoid killing people. Its called proper TRAINING!!!!.
Autumn Johnson June 04, 2014 at 10:36 AM
@Lisa: The shooting only involved BART Police, not Dublin Police.
Ken Briggs June 04, 2014 at 11:11 AM
Yes DESERT RAT , you are so smart, How come you are not a BART COP . WHY DO THE COPS SHOOT TO KILL ALL THE TIME FOR ? if the one that got shoot might have another story ,
Desert Rat June 04, 2014 at 01:15 PM
No police officer "shoots to kill" so I am not sure where you get this from. An officer is trained to shoot to stop the threat. If a person dies from the shooting, that is a consequence of effective shot placement in a place where the bullet will immediately stop the life threatening action. As for your post, it is nearly incoherent so I'm not sure if there is another question in there.


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