By Savannah Martinez
OAKLAND, CA – Judge Kimberly Colwell denied the accused’s request to only be banned from the Lake Merritt BART station as opposed to all BART property—so the accused can attend their job in San Francisco—in a hearing this week in Alameda County Superior Court’s Rene C. Davidson Courthouse,
The accused was charged with violating their probation.
After the accused’s admission to the probation violation, Judge Colwell outlined the terms of the violation, including a 30-day stay in the county jail, a $300 fine, and a ban from all BART property.
After Judge Colwell mentioned the ban, the defense noted Alameda-Contra Costa transit did not have a direct bus to San Francisco, where the accused’s job was located.
Then the accused requested that instead of being banned from all BART property, that they be banned only from the Lake Merritt station.
Judge Colwell denied the accused’s request and stated that “there is a bus to San Francisco” and thus it was feasible for the accused to get to their job.
According to Judge Colwell, the reason for her denial was because on Sept. 5, the accused had been caught with an invalid transportation ticket. When approached by BART staff, the accused had become hostile and, according to Judge Colwell, “fought a police officer.”
Judge Colwell concluded that the accused would remain banned from BART and eligible to ride on AC Transit, granted they have a valid ticket.
