Wong alleges that on the evening of June 9, he was sitting at the West Oakland BART station listening to a “musical ringtone” on his phone. Officer W. Sanchez came over to Wong and asked him to turn down the volume, and Wong complied. Sanchez then asked Wong to turn off the music completely, and Wong also complied.
Wong then exited the station with Sanchez following close behind. Outside, Sanchez took out her baton and started beating Wong with it. Wong attempted to flee but was detained and arrested.
Wong was taken to jail where he was held for two days. The Oakland District Attorney declined to file any charges against Wong; however, while at the station, Wong received a ticket for playing his music too loud.