The Nov. 18 shooting happened around 9 p.m. after BART police officers stopped a 32-year-old woman following a report about reckless driving.
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The footage starts with the officer, identified as Nicholas Poblete, telling the woman they received reports of someone doing donuts in a vehicle that matched the description of hers. The two go back-and-forth a bit, as she explains she doesn't know how to do donuts and says she is "not that good at driving." During this time, officers run the license plate of her black sedan and learn that her registration had expired.
After saying goodbye, Poblete walks back to her car to ask questions about the expired vehicle registration.
"My dispatcher informed us that your license is out of registration, I do have to address that," he said in the bodycam video.
From there, their exchange lasts for about eight minutes, in which officers repeatedly asked her questions about her car insurance, vehicle registration and drivers license and she deflects. BART officials say the woman "displayed erratic behavior" during questioning. As tension escalates, the woman also did not comply with multiple commands to hand over her car keys and exit her car.
Next, the video shows the woman grabbing her license back from the officer. Officer Poblete then reaches inside her car, as the woman screams asking him to stop. He continues to ask her to get out of the vehicle, saying "I am going to pepper spray you." After more back and forth, she rolls up the window and begins to drive away. That's when Poblete fired three shots, according to the statement.
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The 32-year-old was wounded in the upper torso from the gunfire that struck her.
"You were dragging us from the car," one officer says, as another officer retrieved a medical kit. Officials said she was treated in a nearby hospital and later discharged.
Poblete is currently on administrative leave. According to BART, he had worked for its police force for six and a half years and serves in the operations bureau.
In a statement, BART Police Chief Kevin Franklin said a third-party investigator is conducting an internal administrative review of the incident "to avoid any possibility of bias."
"I want to assure the public that all aspects of this incident will be thoroughly investigated," Franklin said. "BART remains committed to continuous improvement and ensuring the actions of our police officers meet the highest of standards."
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Franklin also noted BART released the full, unedited body-worn camera footage from both officers who responded to the stop. Personal information about the woman was edited out in order to comply with "statutorily mandated redactions," the transit agency said.
According to BART P.D.'s policies, officers should not shoot at a moving vehicle in an attempt to disable it or if there are no other reasonable means to "avert the threat."
Read the full policy below:
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. It is also noted that in many circumstances, disabling the driver of a vehicle may increase the potential for harm to bystanders and/or the officer. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. Officers shall not intentionally and unnecessarily move into the path of an approaching vehicle to create their own exigent circumstance. Officers should not shoot at any part of a moving vehicle in an attempt to disable the vehicle. Officers shall not discharge a firearm at a moving vehicle or its occupants when there are other reasonable means available to avert the threat. Officers shall not discharge a firearm from a moving vehicle when there are other reasonable means available to avert the present threat. Officers may only shoot at a moving vehicle under exigent circumstances, when the driver and/or occupants are targeting others with the intent to cause great bodily injury or death and there are no other reasonable means available to avert the threat.
BART police referred this matter to the Alameda County District Attorney's Office.