DA: No charges in fatal friendly-fire shooting of BART police detective

Source: Oakland Tribune

OAKLAND -- No criminal charges will be filed in the fatal January shooting of a BART police sergeant by one of his fellow officers, characterized in a newly released report as a tragic mistake enabled by a communication failure during a search of an apartment with a circular floor plan.

The evidence surrounding the Jan. 21 shooting death of Det. Sgt. Thomas "Tommy" Smith Jr. by Officer Michael Maes does not justify criminal charges against 14-year police veteran Maes, Alameda County District Attorney Nancy O'Malley said in a statement released Friday.

Smith, 42, was shot by Maes during a probation search of a 723-square-foot unit at the Park Sierra Apartments, at 6450 Dougherty Road in Dublin.

Read more: http://www.insidebayarea.com/crime-courts/ci_25866927/da-no-charges-will-be-filed-fatal-shooting