OAKLAND — Alameda County District Attorney Ursula Jones Dickson’s office formally asked a judge this week to dismiss the manslaughter case against the former San Leandro police officer accused of fatally shooting Steven Taylor during an April 2020 shoplifting call.
The request by Jones Dickson’s administration — which is expected to be argued at a hearing Friday — marks yet another twist in the case against Jason Fletcher, who was charged with manslaughter months after the killing but has yet to face trial amid a rotating cast of district attorneys. His case has since become a rallying cry for advocates pushing for greater accountability among law enforcement officers who use deadly force.
If granted, the dismissal would represent an abrupt end to the first police officer charged in an on-duty killing in Alameda County since BART Officer Johannes Mehserle was tried — and convicted — in the fatal shooting of Oscar Grant more than 15 years ago. Mehserle was found guilty of involuntary manslaughter in July 2010, by a Los Angeles County jury after the case was moved south.
In a motion filed Tuesday, the district attorney’s office argued that Fletcher’s case “cannot be proved beyond a reasonable doubt,” and that it’s not entirely clear that Fletcher didn’t act out of self defense or the right to defend others inside the San Leandro Walmart where the shooting happened.
Taylor was fatally shot on April 18, 2020, while allegedly trying to steal an aluminum baseball bat and a tent from the Walmart. Only about 40 seconds passed between the time Fletcher encountered Taylor, 33, and when the fatal shot was fired, according to a lawsuit against the city of San Leandro filed by the slain man’s family.
On Wednesday morning, Taylor’s grandmother, Addie Kitchen, slammed the decision.
“I’m shocked,” Kitchen told this news outlet. “How do you think it feels? Five and a half years — the biggest slap in the face by the district attorney.”
Meanwhile, Fletcher’s attorney praised the move, saying that “finally, we have a sensible, objective, fair DA who has looked at all the evidence.”
“This is a case that should have never been filed in the first place by Nancy O’Malley,” said the attorney, Michael Rains, while referencing the original district attorney to bring the case.
Alameda County prosecutors had previously argued that Fletcher did not try to de-escalate the confrontation before fatally shooting Taylor once in the chest after using a Taser on him multiple times. A judge later called the case “a battle of the experts,” given the vast amount of testimony at an evidentiary hearing from police use-of-force experts.
Those experts became the subject of a recent bid by Fletcher’s attorneys — largely backed by the work of Jones Dickson’s own team — to dismiss the case on the grounds of “outrageous government conduct.” The officer’s attorneys argued that previous prosecutors in the case — each overseen by former District Attorney Pamela Price — acted unethically while seeking experts to testify on the prosecution’s behalf.
In ruling from the bench last month, Alameda County Judge Thomas Reardon said he found no evidence that those former prosecutors tainted the case by allegedly hiding evidence from defense attorneys.
The district attorney’s dismissal motion this week again took direct aim at Price’s administration, claiming that her strategy was nothing more than “a desperate de-evolution into violations of both ethics and the law around these experts.”
“The effort made to conceal expert opinions from the defense in violation of Supreme Court case law that requires transparency of this type of evidence only created more hurdles to the prosecution of Fletcher,” the motion added.
The motion appears to have been authored by Darby Williams, a relative newcomer to Jones Dickson’s staff who previously spent time as a prosecutor in San Francisco and Santa Clara counties, as well as a public defender in Los Angeles, according to her LinkedIn account. The site shows her having joined the Alameda County District Attorney’s Office in July.
The request by Jones Dickson’s team continues a trend by the former Alameda County prosecutor and judge, who has worked to unwind the legacy of Price after voters recalled her last year. That includes dismissing numerous cases filed by Price’s administration, including several against law enforcement officers related to the deaths of inmates at Santa Rita Jail.
Price has since announced a campaign to once again seek election as the county’s district attorney, roughly a year after voters removed her from office by a nearly 2-to-1 margin. So far, Price and Jones Dickson are the only people known to be vying for the post.
The wave of dismissals had led to fears by Taylor’s family that Fletcher’s case could be next.
Reached Wednesday morning, Taylor’s grandmother, Addie Kitchen, slammed the decision.
“I’m shocked,” said Kitchen, noting how the request to end the case came not from Fletcher’s attorneys, but from Jones Dickson’s office. “How do you think it feels? Five and a half years — the biggest slap in the face by the district attorney.”
Check back for updates to this developing story.
Jakob Rodgers is a senior breaking news reporter. Call, text or send him an encrypted message via Signal at 510-390-2351, or email him at jrodgers@bayareanewsgroup.com.