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BART reaches $6.75 million settlement with woman shot by officer in 2024

September 12, 2025
BART reaches $6.75 million settlement with woman shot by officer in 2024

UNION CITY — BART has reached a $6.75 million settlement with a woman shot by a BART police officer in November 2024 and admitted public statements made by the police chief about what the woman did to prompt the shooting were inaccurate, the agency and the woman’s attorneys said Friday.

The mediated pre-litigation settlement with Jasmine Gao was reached June 19 but was finalized by the BART Board of Directors on Friday, officials said.

Gao, now 33, was wounded in the back as she was driving away from two officers in the Union City station parking lot just before 9 p.m. Nov. 18, 2024.

The incident was caught on police body-cam video and captured Gao bleeding profusely and yelling, “I’m gonna die! I’m bleeding.”

BART identified the officer who shot Gao as Officer Nicholas Poblete, a 6½-year veteran of the department. The agency said Friday it was in the process of terminating his employment.

The shooting happened after Poblete and another officer reported to the station following a report of reckless driving in the parking lot.

About 12 hours after the shooting, BART police Chief Kevin Franklin issued a public statement that said Gao “is alleged to have assaulted a police officer.”

After further investigation, including a review of officer  body camera footage, BART acknowledged that Gao did not assault the officers with a deadly weapon and was driving away when Officer Poblete shot at her.

This news organization at the time also asked two use of force experts to review the video; both concluded they saw numerous reasons why the shooting may not have been justified.

In a joint statement from Gao, her family, her attorneys and BART about the settlement and confirmation of the release of inaccurate information, her attorneys said the shooting left Gao “with significant physical and emotional distress injuries.”

Gao’s family added: “We wish that our daughter’s tragedy will help bring an end to police brutality, advance broader public reform, and remind officials of their responsibility to be truthful and accountable.”

In the statement, BART also admitted blame publicly for the first time.

“Having reviewed the body-worn camera footage, BART acknowledges that Ms. Gao did not assault the officers with a deadly weapon and that she was driving away when Poblete discharged his gun,” the statement said. “Officer Poblete responded to a report of a vehicle doing donuts. Ms. Gao was cleared of that possible crime shortly after the officers arrived, when an officer checked her tires and noted they were cold. The officers determined that Ms. Gao’s vehicle’s registration appeared to be expired. When Ms. Gao drove away from the officers, Poblete fired.

“BART acknowledges that when Ms. Gao drove away, no officer was being dragged or had any body part stuck in the window of her car when Poblete fired, and that no officer was otherwise endangered by Ms. Gao’s driving of the vehicle. After completing an administrative investigation of the incident, BART issued a notice of intent to terminate Poblete.”

Contacted by this news organization Friday, one of Gao’s attorneys, Ben Nisenbaum, said of BART: “What they put out initially, it was probably a reflexive action to protect the officer. To their credit, they have recognized that is not what happened.”

Authorities did not press criminal charges against Gao in the incident.

BART in the joint statement acknowledged that “the public statement issued the morning after the incident was not accurate. While it was alleged that Ms. Gao assaulted the officers with her vehicle and that was the reason for the shots being fired, the body-worn camera shows that allegation was not accurate.”

BART’s Chief Communications Officer Alicia Trost said, “Our priority is public trust. We immediately placed Nicholas Poblete on leave pending an independent investigation. We engaged Ms. Gao’s attorneys before a lawsuit was filed to work toward an early resolution that brings closure for Ms. Gao and her family while avoiding years of litigation. BART believes resolving this matter promptly is also in the best interest of our riders, employees, and the community.”

In the statement, Nisenbaum said that Gao and her family “recognize the importance of resolving this case expeditiously without filing a lawsuit. The acceptance of accountability by BART and Chief Franklin are significant factors in the settlement.”

Also significant, Nisenbaum said by phone, was addressing the aftermath of Gao’s injuries.

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“She almost died, so her life has changed profoundly,” Nisenbaum said. “She’s going to have lifelong injuries to her left arm and lack of mobility.”

A statement released separately by Gao’s family said: “the body-camera footage shows clearly that our daughter posed no threat to the officers and had committed no crime. It confirms that the officer was never dragged and that no one was ever in danger of being struck by her. Instead, the video reveals that our daughter was threatened by the officer, and in panic, attempted to slowly drive away from the frightening situation. … The shooting nearly killed her and has left her with permanent, life-changing injuries.

“The false narrative in the immediate aftermath was repeated widely in the media and caused damaging harm to our daughter’s reputation. It is lingering on the internet, and has been devastating to Jasmine and our family.

““While the trauma and the permanent injuries our daughter suffered cannot be reversed, this acknowledgment matters! It confirms what the video already showed — that the early story told to the public was inaccurate, put our daughter’s actions in a false light, and was deeply damaging.”

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