A man convicted of second-degree murder in a fatal BART stabbing over a stolen shoe will either face a retrial or receive a reduced conviction of voluntary manslaughter after an appeals judge found the jury had not been properly instructed on how to evaluate his self-defense claim.

A state appeals court has overturned the 2023 second-degree murder conviction of San Francisco resident Jermaine Brim in a fatal stabbing on BART, which took place during a dispute over an alleged attempt to steal a shoe, as the Chronicle reports. The court found that jurors were not properly instructed on a question involving self-defense that arose during deliberations.

The case stems from a November 2019 incident on a BART train that began in San Leandro and ended in Hayward, when Brim, barefoot and then 39, allegedly attempted to take a shoe from a sleeping passenger, as SFist reported at the time. Oliver Williams, 49, intervened to stop the shoe theft, and a fight broke out on the train before it reached South Hayward Station.

Witness Sophia Humphrey, who remained on board after others fled, told investigators she saw the altercation escalate into a stabbing, though she did not witness the knife being drawn. Prosecutors said Williams initially held a knife in an attempt to defend himself before Brim stabbed him repeatedly in the neck and upper body, then fled the train.

The Chronicle reports that Brim testified at trial that he had not been trying to steal the shoe and claimed Williams attacked him first. Prosecutors, however, argued the killing was unprovoked and sought a first-degree murder conviction. The jury ultimately reduced the conviction to second-degree murder after three days of deliberations, and Brim was sentenced to 16 years to life in state prison by Superior Court Judge Jennifer Madden.

The 1st District Court of Appeal ruled Wednesday that Judge  Madden should have clarified the scope of self-defense law after jurors raised a question during deliberations. Justice James Richman, a member of the three-judge appeals panel, said the lack of a direct answer may have influenced the jury's decision to convict Brim of murder rather than voluntary manslaughter, according to the Chronicle.

The panel also said a properly instructed jury could still find Brim guilty of murder based on the evidence.

The case has been sent back to Alameda County prosecutors, who now have 60 days to decide whether to retry Brim for second-degree murder or proceed with resentencing on voluntary manslaughter.

Previously: Nursing Student Tells Harrowing Hero Story Of Trying To Save BART Stabbing Victim

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