BART Cop Cleared in Stun Gun Incident: Lawyer

The attorney for a Bay Area Rapid Transit officer who fired his stun gun at a 13-year-old suspect says his client has been cleared of excessive force allegations.

Justin Buffington said an arbitrator awarded Sgt. John Austin back pay. Austin was suspended for 30 days after the 2010 incident.

The arbitrator reached his decision earlier this month.

Buffington told the San Francisco Chronicle that Austin had inaccurately been told that the boy had assaulted a woman with a bottle when he encountered him in Richmond.

Austin fired the stun gun but missed after the boy allegedly fled on his bike.

All BART officers were ordered to turn in their stun guns two weeks later although BART officials said that decision had little to do with the incident.