HAYWARD -- A preliminary hearing was continued Tuesday in the trial of Arthur Pakman, of Oakley, accused of murder in a confrontation with Hayward police that ended with an officer shooting a passenger in Pakman's car.

Pakman, who was not shot, is charged with murder under the state's provocative act doctrine, which applies when a suspect commits an act that provokes someone into killing a third party.

His preliminary hearing was continued until Jan. 6.

The shooting occurred early on March 3, when Officer Manuel Troche followed Pakman's car after seeing it speeding and then swerve, according to court documents.

Pakman, 23, drove into a parking lot on Fletcher Lane and stopped, and Troche pulled his patrol cruiser into the parking lot driveway. He ordered Pakman to show his hands, according to court documents. Instead, Pakman drove toward the exit, and Troche began firing, hitting Pakman's passenger, Shawn Jetmore Stoddard-Nunez, 19.

Pakman also is charged with assault with a deadly weapon and driving while intoxicated.



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