A state appeals court has overturned a San Francisco man’s murder conviction for a fatal stabbing on a BART train in Hayward, saying the trial judge failed to instruct the jury properly on the man’s belief that he had the right to defend himself.
But the court said Jermaine Brim was still guilty of at least voluntary manslaughter for the stabbing, and the Alameda County District Attorney’s Office could decide within 60 days whether to retry him for second-degree murder.
Brim, then 39, boarded a BART train in San Leandro in November 2019 while free on bail in another case. He was not wearing shoes and was trying to pull one from the foot of a sleeping male passenger when another passenger, Oliver Williams, 49, intervened…