Man hurt in group takeover robbery sues BART for gross negligence

Byby Melanie Woodrow KGO logo
Tuesday, May 9, 2017
Oakland BART takeover victim suing for gross negligence
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Rusty Stapp says 2 to 3 people were beating him, even kicking him, at one point and that his wife fell on top of his daughter to cover her up and protect her.

OAKLAND, Calif. (KGO) -- One of the victims from the flash mob BART takeover is suing BART for gross negligence.

It was in April that dozens of teens jumped the turn styles at the Coliseum BART station, boarded a train and began robbing people of cellphones, purses and wallets, in some cases beating some victims into submission.

Dublin resident Rusty Stapp says he was one of them. He says two to three people were beating him, even kicking him at one point, and that his wife fell on top of his daughter to cover her up and protect her.

RELATED: Ex-BART police chief says Oakland train takeover was difficult to prevent

"If they can't protect the basic passenger from assault and robberies, how are they protecting us from terrorism right now? This was such an easy crime for these individuals to commit that I want to shine a spotlight on this," said Stapp.

Stapp said he and his family suffered physical and emotional injuries.

"The BART personnel showed a conscious disregard for the safety of the BART passengers by failing to take any measures to prevent this attack from happening, starting with the two police officers that were in the parking lot through which these individuals passed," attorney Paul Justi said.

BART has previously said that it made two arrests in the incident, also that several suspects were identified.

RELATED: BART police say second juvenile arrested in takeover robbery on train

The transit agency did not respond to ABC7 News' request on Monday regarding the lawsuit.

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