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BART Police Names Officer Who Fatally Shot Colleague, Will Attend Memorial

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Detective Michael Maes has been identified as the officer who fatally shot Sgt. Tommy Smith during a probation search in Dublin on January 21, 2014. (BART Police)

Detective Michael Maes has been identified as the officer who fatally shot Sgt. Tommy Smith during a probation search in Dublin on January 21, 2014. (BART Police)

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OAKLAND (KCBS) — The police chief of the San Francisco Bay Area Rapid Transit agency said the officer who shot and killed a fellow officer last week will be at his colleague’s funeral.

BART Police Chief Kenton Rainey said Monday that Detective Michael Maes will “absolutely” attend the funeral of Sgt. Tom Smith on Wednesday.

Rainey identified Maes as the officer who fatally shot Smith. Rainey said he did so at Maes’ request.

The 42-year-old Smith was shot Jan. 21 while officers conducted a probation search in an apartment in Dublin for items stolen during a recent armed holdup at an Oakland train station.

Sheriff’s investigators have not said whether Maes’ weapon discharged accidentally, or if he mistook Smith for someone else.

Rainey said he can’t comment on reports that the BART uniformed officers who participated in the search didn’t use their video cameras because the matter is still under investigation.

He said if the investigation confirms those reports, “That would be very troubling for me but I would have to see the reason for them (the officers) not using them (the video cameras).”

Rainey said the investigation should be completed in three to four weeks.

Meanwhile, the policy on probation searches has changed.

“All planned residential parole, probation searches, arrests and search warrants must have the written approval of the operations deputy chief or his designee before they are executed,” Rainey explained.

He also wants the U.S. Department of Justice’s input and technical assistance to review policies and procedures in the BART police department.

According to Rainey the focus would be on three areas which include; the use of force AXON flex police body camera systems and Fourth Amendment search procedures of persons in residencies.

Sgt. Smith and Detective Maes knew the suspect in question was already in custody when they were conducting their search.

TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten. The Associated Press contributed to this report.

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