Brother: BART detective feels badly about shooting Sgt. Smith


Maes' brother spoke about what happened.

At Hayward's Chapel of the Chimes on Tuesday a private viewing was held. A stretch limousine was greeted at the door by two rows of officers with a solemn salute. Among the mourners at Wednesday's funeral is the detective who fired the fatal shot.

"I know he's taking it hard," said John Maes, Michael Maes' brother. He says his entire family is devastated by what happened last week inside a Dublin apartment. "We're doing the best we can to get through this together, to support Michael and really pay our respects to the Smith family."

Monday, BART Police Chief Kenton Rainey identified Maes as the BART officer who accidently shot and killed Smith, while he and several other officers were doing a probation search inside the unoccupied apartment.

"Det. Maes has an extensive background in the area of criminal investigations, where he has received extra training and experience," said Rainey.

Rainey said Maes and all of his officers have considerable training, but BART's records reveal they don't pull their guns very often in the field.

In 2013, BART's 200 sworn officers handled nearly 57,000 incidents, but drew their firearms on only 40 occasions.

John told us he hasn't talked to his younger brother Michael specifically about what happened, but that Michael is holding up as well as he can under the circumstances.

"It's something unimaginable that something like this could happen. So I know it's tough for him and it's tough for our family. On behalf of the entire Maes family, I'd like to say we're all very sorry," said John.

John confirmed that Michael and a large contingent of the Maes family will attend Wednesday's services for Smith.

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