Judge postpones hearing for man accused of killing sheriff’s deputy

A judge delayed the murder case against a man accused in the shooting death of a Stanislaus County sheriff’s deputy after a psychologist submitted a report on the defendant’s mental capability.

A forensic psychologist has submitted a report detailing David Machado’s mental capability to face charges in the Nov. 13 killing of Dennis Wallace. But the attorneys and the judge did not discuss the psychologist’s recommendation when Machado appeared briefly in court Tuesday morning.

Superior Court Judge Thomas Zeff postponed the hearing until Monday. Deputy District Attorney John Mayne requested the postponement so the prosecution could have time to determine how to proceed with the case.

Deputy Public Defender Marlon Simon, who has been assigned to represent Machado, said he was OK with the postponement. He told the judge that he might not attend next week’s hearing, but that another attorney from the Public Defender’s Office would appear on his behalf.

The defendant is being held without bail at the San Joaquin County jail. Authorities have 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 to avoid any possible appearance of impropriety.

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 defendant entered the courtroom wearing a dark red jail inmate jumpsuit and shackles, with chains around his waist and between his ankles. Machado has indicated he wants to legally represent himself. He also has had outbursts in court, saying he wants his case to be over with quickly. On Tuesday, he said nothing as he sat next to Simon.

Several sheriff’s officials provided security inside and outside the courtroom during Machado’s hearing. Sheriff Adam Christianson was in the courtroom and stood a few feet away from Machado.

After the hearing, sheriff’s officials cleared the courthouse hallway and prevented anyone from catching a glimpse of Machado as he was ushered out of the courtroom.

While the results of Machado’s mental health evaluation were not discussed in court, the defense attorney mentioned that the psychologist’s report was detailed.

If Machado is found mentally unfit to face criminal charges, the court would send him to a state hospital to restore his competency. His hospital stay would be indefinite, because the defendant could face a maximum sentence of life in prison if convicted. Once his competency was restored, Machado would be returned to Stanislaus County to face charges.

If the psychologist’s report says Machado is mentally fit, the criminal case would be reinstated. The judge then would decide when to schedule a preliminary hearing to determine whether there’s enough evidence for Machado to stand trial.

The prosecution or the defense could challenge the psychologist’s findings and request a court trial. The judge would then hear testimony and arguments before deciding whether Machado is mentally fit. A jury also could be paneled to decide the outcome.

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 several 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 on failure to appear in court on a gun charge when the fatal shooting occurred. He faces an additional enhancement because of that. Enhancements could lengthen the defendant’s prison sentence if he is convicted.

This story was originally published January 17, 2017 at 9:21 AM with the headline "Judge postpones hearing for man accused of killing sheriff’s deputy."