In a significant turn of events, BART and Jasmine Gao have agreed on a mediated pre-litigation settlement concerning the officer-involved shooting that took place last November. As per a joint statement posted on BART's website, the agreement amounts to $6.75 million, addressing Gao's physical and emotional trauma that stemmed from BART police officer Nicholas Poblete's actions. The statement disclosed an acknowledgment by BART that Gao did not assault any officers as initially claimed, and that Poblete fired as she drove away from the scene.
Adding context to the altercation, Hoodline reports indicate that BART released body camera footage showing the moments leading up to the shooting. The incident began with a report of a vehicle resembling Gao's suspected of doing donuts in the parking lot, a claim that was later dismissed by officers on site. The settlement arrives after acknowledgment that the officers determined Gao's car registration to be expired, but this was not enough to explain Poblete's response.
Gao, who was 33 years old at the time, suffered a serious injury as the bullet narrowly missed vital organs, resulting in her hospitalization and long-term physical impairments. Her attorney, Ben Nisenbaum, per BART’s press release, criticized the police shooting as "an unreasonable overreaction" to a minor vehicle code issue. He also emphasized Gao's narrow brush with death and the irreversible impact on her mobility. BART and Chief Franklin's acceptance of responsibility was crucial to the settlement.
BART's priority is public trust, as articulated by their 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 for Ms. Gao and her family while avoiding years of litigation," Trost stated on BART's official statement.
