OAKLAND — A former San Leandro policeman who is facing manslaughter charges for fatally shooting 33-year-old Steven Taylor inside a Walmart two years ago now has another legal problem: a multi-million dollar federal lawsuit filed this week against him and the city.
Ex-Officer Jason Fletcher was sued alongside Ofc. Stefan Overton and the city of San Leandro, in a civil complaint filed by Taylor’s grandmother and two children. The suit asks for damages in excess of $10 million.
Fletcher shot Taylor inside the Walmart in April 2020, after police were told Taylor — wielding a baseball bat — was being hostile to people inside the store. An independent review criticized officers for using a Taser on Taylor and shooting him rather than trying to calm the situation.
Alameda County District Attorney Nancy O’Malley subsequently charged Fletcher with manslaughter, a case that remains pending nearly a year after Fletcher was ordered to stand trial.
The complaint accuses Fletcher and Overton of failing to use de-escalation tactics and takes issue with their actions in the moments leading up to the shooting. It says that Fletcher shot Taylor within 40 seconds of entering the Walmart, and that Fletcher ignored or failed to act on signs Taylor was suffering a mental health crisis.
By “rushing” into the store, the suit says, Fletcher “limited his tactical options, elevated the risk of conflict, decreased the possibility of a safe resolution, and assured that Overton would enter the store with a deficit of knowledge as to what was transpiring.”
In response to a request for comment from this newspaper, San Leandro police Chief Abdul Pridgen said he wouldn’t be commenting and referred reporters to the mayor’s office. An hour later, the city released a written statement attributed to Pridgen calling Taylor’s death a tragedy that led to policy changes “to save the lives of those who need our help the most.”
Mayor Pauline Russo Cutter said in a news release the city will defend the lawsuit but added “we have learned from this tragic death and will never forget Steven Taylor and his lasting impact on San Leandro.” She didn’t clarify whether a city attorney would defend Fletcher or if he will receive outside counsel.
Fletcher went before a superior court magistrate last year, who allowed the manslaughter charge to proceed to trial but expressed doubts that jurors would unanimously agree on a verdict. With the charges, Fletcher became the first officer in Alameda County to be charged in a fatal police shooting since BART Officer Johannes Mehserle was charged with murdering Oscar Grant more than a decade ago at the Fruitvale BART station. Mehserle was convicted of involuntary manslaughter and acquitted of the murder charge; he served 11 months in prison and was released in June 2011.
Fletcher has pleaded not guilty; a motion to dismiss the manslaughter count was dismissed last year. He is still awaiting a trial date, a process that was slowed by the COVID-19 pandemic, according to court records. He remains out of custody on $200,000 bail.
Fletcher has been hit with two prior federal suits, in 2009 and 2007. One suit centered on the shooting of a couple’s “gentle” dog by another officer, who a jury later ruled was justified based on a reasonable fear the dog would injure him. The second suit, settled out of court in 2008, accused Fletcher and another officer of beating a man during a public drunkenness arrest, court records show.
Fletcher resigned in 2021 after the charges were filed, according to police.
Source: www.mercurynews.com