Wagstaffe said he decided not to retry the remaining charges due to the high cost to San Mateo County taxpayers. He did not have an estimate as to how much a second trial would cost. Galatolo is facing 10 years in prison for the eight counts he was convicted of, which Wagstaffe says is a reasonable sentence, with or without the additional convictions.
The shooting, captured on video, occurred on the 6900 block of International Boulevard in East Oakland. Black accused 55-year-old Roger Johnson, of Hayward, of stepping on his shoe and showed Johnson the butt of an AR-style weapon he had at his waistband, which the defense said was meant to deter Johnson from escalating it into a fight. Instead, Johnson attempted to grab the gun and Black allegedly shot at Johnson during the fracas, killing Johnson's friend, 55-year-old James Stephens, according to court records.
