Police officer arraigned, released
Judge sets $200,000 bail — max for manslaughter — says he could be a ‘danger to the community’
DUBLIN >> The San Leandro police officer charged with voluntary manslaughter in the shooting death of a Black man inside a Walmart store was handcuffed in a courtroom Tuesday morning, booked at Santa Rita Jail and then released after posting $200,000 bail.
Soon afterward, the prominent police attorney representing him issued a statement declaring he would use a new state law intended to hold officers more accountable for deadly use of force as the basis of his defense.
Officer Jason Fletcher, 49, is the first Bay Area law enforcement officer charged under the law, Assembly Bill 392. He’s also the first in more than a decade to face charges in the death of a civilian while on duty; the last one was BART Officer Johannes Mehserle, who shot and killed Oscar Grant on New Year’s Day 2009.
Appearing in a dark gray suit and black face mask, Fletcher was arraigned at the East County Hall of Justice in Dublin on charges of fatally shooting Steven Taylor, 33, on April 18 at
the Walmart store at 15555 Hesperian Blvd. in San Leandro.
Alameda County Superior Court Judge Barbara Dickinson ordered Fletcher’s bail set at $200,000 — the maximum for manslaughter — saying he could be a “danger to the community.”
Although Fletcher’s attorney, Michael Rains, said his client was prepared to post bail immediately, Dickinson denied the request, saying that wasn’t court procedure and remanded Fletcher to the custody of the sheriff’s office.
Because of the coronavirus pandemic and social distancing guidelines, only a limited number of people were allowed inside the courtroom, including two members of Taylor’s family. The hearing was held online.
Fletcher is scheduled to next appear in court on Sept. 28 and could enter a plea at a hearing next month.
In a statement Tuesday, Rains said this trial will be one of the first applications of AB 392, which went into effect Jan. 1. The law only allows deadly force when an officer reasonably believes there is an immediate threat of death or serious injury.
Rains said the defense will show that Fletcher had no other option but to fire his weapon.
“The case is important because it calls into question the officer’s obligation to de-escalate a situation and to use less than lethal force,” Rains said. “Both things were done by the officer.”
According to prosecutors’ charging documents, Fletcher was the first officer to respond to a report by a Walmart security guard of a possible shoplifter holding a baseball bat inside the store.
Fletcher entered the store, approached Taylor and tried to grab the bat.
When Taylor pulled away, Fletcher drew his Taser with his left hand and pointed it at Taylor, telling him to drop the bat before firing twice. As Taylor was struggling to remain standing, the bat pointed toward the ground, Fletcher shot him in the chest, killing him, according to the prosecution.
Rains said his client never should have been charged with voluntary manslaughter because he did exactly what he should do as a police officer.
“The case is important because it calls into question the officer’s obligation to de-escalate a situation and to use less than lethal force,” Rains said. “Both things were done by the officer.”
“First, Officer Fletcher calmly asked Mr. Taylor to drop the bat. He did this four times, but he would not drop the weapon,” Rains said. “The officer approached him slowly and was almost able to take the bat from Mr. Taylor, but he drew back and raised the bat. Then Officer Fletcher attempted to use a Taser, but it did not incapacitate Mr. Taylor. He used the Taser a second time, again it failed.”
At that point Fletcher had to use lethal force, Rains said.
At the courthouse Tuesday morning, a group of Taylor’s family members, friends and other supporters gathered outside asking for justice. They held signs that read “Convict Officer Fletcher Now” and “Rest in power Steven Taylor.”
When Michael Taylor, Steven Taylor’s brother, heard that Fletcher was sent to jail after the court appearance, he said it was good news.
“I’m just hoping that it follows through with accountability and everything comes through with a conviction,” he said.
He described his brother as “a light of life” and a “beautiful person, always ready to make someone laugh.”
“We are here to support the family and amplify their voices,” said Selina McManus, who went to middle and high school with Steven Taylor. “Families, especially Black and Brown families, have to grieve and do this work at the same time.”
McManus was skeptical of the $200,000, saying it was low and that Fletcher likely would post the bail soon, which he did.
Earlier this month before prosecutors announced charges would be filed against Fletcher, demonstrations were held at San Leandro City Hall and the Alameda County District Attorney’s Office in Oakland calling for justice.
During a protest Monday night, words were projected onto the front of the San Leandro police station headquarters that read “Convict Officer Fletcher” and “#Justice4StevenTaylor.”
Also Monday, the San Leandro Police Officers’ Association released a statement offering condolences to Taylor’s family but adding that the charges were politically motivated.
“Although District Attorney Nancy O’Malley has charged Officer Fletcher with voluntary manslaughter, we are steadfast in our belief that this charge is politically motivated and legally deficient,” the statement said. “While the district attorney has mischaracterized the shooting as a ‘failure to attempt de-escalation options,’ we are confident that the evidence will establish that this incident was an unfortunate example of de-escalation techniques simply proving to be ineffective.”
The statement also suggested Fletcher had acted in self defense.
“While we wish that every call for service could end peacefully, in our mission to safeguard the community, officers are sometimes left with no option but to make a split-second decision to use deadly force to defend themselves and the public,” the statement said.