BART Police release name of officer, announce change to search policy


BART Police release name of officer, announce change to search policy

At the request of the officer, BART Police Chief Kenton Rainey today released the name of the officer who fired the fatal shot in last Tuesday’s tragic death of Sgt. Tommy Smith. Detective Michael Maes has requested that his role in the tragedy be made public in the interest of transparency.

Detective Maes is a 26 year veteran of law enforcement. He’s been with the BART Police Department (B.P.D.) for 14 years and, prior to joining BART, Detective Maes worked for the Moraga Police Department as a patrol officer and detective for 12 years. 

 Detective Maes has an extensive background in criminal investigations and has received extra training in conducting searches and executing arrest warrants. Detective Maes has also served as a BART Field Training Officer, an acting sergeant and rifle operator. Detective Maes is now on administrative leave. 

Change in Search Policy

Chief Rainey also announced a change to the B.P.D.’s policies on conducting residential parole searches, search warrants and Ramey arrest warrants. Effective immediately, all planned residential parole/probation searches, search warrants or Ramey warrants must have the written approval of the Deputy Chief for Patrol Operations or his designee before they are executed. The previous policy called for a manager to be on scene during the search. That requirement will remain in place in addition to the new requirement.

Also today, Chief Rainey released updated information about the B.P.D.’s Internal Affairs investigation into the shooting. “Internal Affairs officers are still gathering information and will begin to schedule interviews with the involved personnel after the funeral,” said Chief Rainey. “I expect their administrative investigation to take approximately 30 to 45 days to complete.”

Finally, Chief Rainey announced he is requesting that the U.S. Department of Justice provide technical assistance in reviewing B.P.D. policies and procedures, training, and the daily performance of personnel in the following three areas: 

1. All aspects surrounding use of force and use of force reporting 
2. Administration of “Axon Flex” body camera system 
3. Search procedures of persons and residences and the 4th amendment 

Watch the video of Chief Rainey's news conference here: