San Mateo County Superior Court Judge Mark Forcum this morning gave Joseph Carnell Smith the option to serve his sentence at a residential substance abuse treatment facility if he finds one that is willing to accept him, District Attorney Steve Wagstaffe said.
On May 2, Smith was apparently asleep on a BART train that pulled into Millbrae station on its last stop of the night, Wagstaffe said.
The train operator saw Smith as he was performing a final sweep of the cars, and pounded on the train windows and told him to leave, Wagstaffe said.
Prosecutors said Smith got off the train, walked about 10 feet and then turned around and rushed the train operator, hitting him on the chin and hand with a cane.
The victim suffered minor cuts and bruises in the attack, and Smith was taken into custody by BART police.
On June 28, Smith pleaded no contest to felony assault on a transit employee, Wagstaffe said.
He had faced a maximum sentence of three years in prison.
