NBC Bay Area’s Investigative Unit has learned BART has agreed to pay $4.4 million to settle an excessive force lawsuit filed by the survivor of a 2020 police shooting that was captured on officers’ body-worn camera video.
Soon after arriving, video shows, the two responding officers spot Greene on the stopped train. He soon starts running down the aisle. “Let me see your hands!” one officer shouts to him.As one of the officers pursues him in the train, the other runs alongside, down the platform, warning at one point: “You’re going to get shot!”
But Greene’s attorney Ben Nisenbaum argues the video shows that Greene didn’t actually “produce” the gun -- it simply fell out of his pants. “I did pick it up,” Greene said about the gun he went back to get, “but…that’s not justifiable to shoot me. I didn’t point it at them or nothing like that. I was running when I was shot.” He asked how police could “feel endangered if I’m running away from you? That doesn’t make sense at all.”
“All your shots were fired at Mr. Greene after he had picked the gun up and turned to run away from you, correct?” Nisenbaum asked the first officer who opened fire during a deposition. The officer simply replied: “correct.” In a statement, BART said the officers were seeking to “lawfully arrest” Greene for an assault with a gun. Dispatch records show that the passenger reported in their call to authorities that Greene had displayed the gun in his waistband during the incident on the train.
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