Defendant wants to represent himself in deputy’s killing

A man accused of gunning down a Stanislaus County sheriff’s deputy wants to legally represent himself, but the court first has to decide whether the defendant is mentally competent to face charges in a potential capital murder case.

David Machado, 38, is charged with murder, first-degree robbery, carjacking and being a felon in possession of a gun in connection with the shooting death of Deputy Dennis Wallace.

The defendant was ushered into the courtroom Monday morning. He was wearing a red-and-white jail inmate jumpsuit, handcuffed to shackles around his waist and ankles. Machado seemed intent on wanting his case to move forward after the judge arranged for a psychologist to examine the defendant.

“I want this over today. There’s no f------ point to drag it out,” Machado said loudly as bailiffs ushered him out of the courtroom.

Deputy Public Defender Marlon Simon, who has been assigned to represent Machado, told the judge that the defendant says he wants to act as his own attorney. But Simon said he has serious doubts Machado can understand the legal proceedings.

The defense attorney said the court will have to determine whether Machado is mentally competent to face charges and represent himself in court.

Superior Court Judge Thomas Zeff ordered a mental health evaluation for Machado. The judge scheduled Machado to return to court Jan. 17, when a psychologist is expected to submit a report to the court.

The psychologist will recommend whether Machado’s case should continue or the defendant should be sent to a state hospital to restore his competency before he can return to face charges. For now, the murder case is on hold.

The defendant remains in custody without bail. Machado is being held at the Tuolumne County jail. Authorities explained that when a crime victim is a law enforcement official, it’s typical for other agencies to offer to house the suspect as a courtesy and avoid any possible appearance of impropriety.

Defendant kept in holding cell

After Monday’s hearing, bailiffs kept Machado in a holding cell instead of walking him across the courthouse hallway past a group of photojournalists waiting to catch a glimpse of the defendant. Typically, defendants in custody on one side of the courthouse are walked across the courthouse hallway on their way back to their jail cells. The judge in the case has not allowed cameras inside the courtroom.

Court staff members initially said Machado would not be walked across the hallway Monday. Later, bailiffs said Machado would remain in the holding cell next to the courtroom until after the courthouse was closed to the public, either during the lunch break or after the courthouse closed at the end of the day.

Court officials on Monday did not respond to questions from The Modesto Bee about why they waited to walk Machado across the courthouse hallway while dozens of inmates were walked into and out of that side of the building’s first floor.

Machado’s murder charge comes with a special circumstance allegation that makes the case eligible for the death penalty, but prosecutors have not informed the court whether they will seek it.

The deputy was killed shortly before 8:30 a.m. Nov. 13 after he spotted a stolen van at the Fox Grove Fishing Access near Hughson. Wallace, 53, was a 20-year veteran at the Sheriff’s Department, assigned to Salida, the courthouse and most recently Hughson. Authorities say Wallace was shot in the head twice at close range.

At 8:40 a.m., a white Kia was carjacked about 8 miles away near Keyes. Machado was then identified as the suspect, Christianson said. Authorities issued an alert asking people to look for the car, a Kia Rio, and a statewide manhunt ensued. Machado was captured a few hours later in Tulare County.

Two enhancements have been added to Machado’s murder charge, accusing him of acting with premeditation and using a gun to kill Wallace. The defendant also faces enhancements of using a gun in the thefts.

Machado was wanted on a bench warrant for failing to appear in court on a gun charge when the deadly shooting occurred. He faces an additional enhancement for that. Enhancements could lengthen the defendant’s prison sentence if he is convicted.

This story was originally published November 21, 2016 at 11:21 AM with the headline "Defendant wants to represent himself in deputy’s killing."