Off-duty Fremont cop held in assault at BART SAN FRANCISCO

An off-duty Fremont police officer was arrested on suspicion of battery after Sunday's country music concert at AT&T Park in San Francisco for allegedly attacking an off-duty firefighter whose wife pointed out that he was leaning against the door of a Muni train, police said Wednesday.

Off-duty officer Nick Maurer, 26, cursed at the Richmond firefighter's wife and then attacked the firefighter inside the Embarcadero BART Station, said BART Police Chief Gary Gee.

"It was pretty clear-cut that the Fremont officer was the instigator," said Gee of the incident, which was reported at 10:47 p.m.

The Richmond firefighter, 41-year-old Nick Jackalone, made a citizen's arrest at the station. Maurer was then formally arrested by BART police on suspicion of misdemeanor battery and released, Gee said. Maurer's case has not yet been reviewed by San Francisco prosecutors.

The account by BART police was disputed Wednesday by Maurer's attorney, who called the altercation "a perfect storm that involved a misunderstanding plus alcohol plus testosterone."

Attorney Terry Bowman said her client, who had been drinking at the concert, took action after a fellow Fremont cop, 37-year-old Vince Bedolla, was "sucker-punched" by an unknown person on the Muni train, leaving him with a broken nose and bruises.

Maurer thought Jackalone had delivered the punch, Bowman said.

"He was protecting and defending his friend," she said. "He certainly believed that the person that he dealt with was the one who assaulted Bedolla."

Jackalone did not sucker-punch anyone or instigate the attacks, Gee said, adding that none of the men sought medical attention after the incident.

Jackalone, a resident of Martinez, declined to comment on Wednesday.

Richmond Fire Chief Michael Banks said Jackalone was "still pretty shaken up" and would miss some work shifts as he recovered from facial cuts, bruises and soreness. He said Jackalone served as an engineer on a fire crew and had been with the department for 21 years.

According to Gee, the trouble began on a Muni train carrying concertgoers to the Embarcadero BART Station when Jackalone's wife, Lucia, noticed that Maurer was leaning on the door and responded by "politely" telling someone with Maurer that he should be careful.

"All of a sudden," Gee said, "Maurer started cursing at the woman."

After both parties got off the train at the Embarcadero Station, Gee said, Maurer started pushing and fighting with Jackalone on a concourse between the pay gates for Muni and BART. Gee said Maurer went after Jackalone again inside the BART gates after using his badge to gain free access, as police officers are allowed to do.

After Jackalone and his wife went down to the underground BART platform to catch a train, "Here comes Maurer again," said Gee. "He picks a fight with Jackalone again on the platform, and they get separated again."

Gee said Bedolla was involved in separating Maurer from Jackalone, which Bowman disputed. She also said her client did not repeatedly attack Jackalone.

BART officers then arrived at the platform, Gee said, and arrested Maurer after speaking to Jackalone and other witnesses.

Bowman said her client, who is on paid leave, is a probationary employee who is not yet a permanent police officer in Fremont. He has never been in trouble before, she said.

Fremont police Detective Bill Veteran, a department spokesman, said department officials were aware of the incident but could not discuss it because it is a personnel matter.

Jackalone, Maurer and Bedolla were among more than 35,000 people who had attended a 4 p.m. country music concert at AT&T Park that was headlined by Kenny Chesney and also featured Brooks & Dunn, LeAnn Rimes and other performers.