Andrea Appleton, 24 and her boyfriend Michael Smith, 22, were restrained and taken to the ground by BART police on July 29.
The altercation with the police occurred after another passenger on the BART to West Oakland, was harassing Appleton and Smith who was on her way to her doctors appointment. The passenger, a white male, falsely reported that Smith was armed and threatened to rob him, which promoted the altercation at Embarcadero Station.
Smith who was facing misdemeanor charges of battery, was acquitted last week but still face two other battery charges and resisting arrest.
Public Defender Jeff Adachi has requested that District Attorney George Gascon drop the rest of Smith’s charges.