Former San Leandro officer Jason Fletcher will stand trial on manslaughter charges in the killing of 33-year-old Steven Taylor inside a Walmart last year, according to reporting by The Mercury News.
Despite issuing the decision, Alameda County Superior Court Judge Don C. Clay was doubtful a jury would ever return a guilty verdict.
"If this is just it right now in front of a jury, there's no way in the world," Clay said in court. He added that he could not "under any circumstances" see "12 people saying the evidence here is sufficient to support a guilty verdict," or an acquittal.
In April 2020 Fletcher shot Taylor inside of a Walmart. Alameda County prosecutors charged Fletcher on the grounds that he did not deescalate the situation before fatally shooting Taylor once in the chest, although Taylor had already been Tasered multiple times.
After a two-day preliminary hearing Clay said Wednesday found that while he found the prosecution's evidence sufficient for the case to proceed.
Police were called to the Walmart at 15555 Hesperian Boulevard in San Leandro because Taylor appeared to be shoplifting, according to Michael Malone, a security guard who was called as a defense witness Wednesday. Taylor grabbed an aluminum bat when confronted and began taking practice swings.
Fletcher's attorney, Michael Rains, argued that his client had "less than a minute" to decide whether to use lethal force.
Fletcher's trial date has not been set.
