Hearing postponed for man accused of killing sheriff’s deputy

A doctor still needs to decide what medication David Machado will receive as he tries to restore his mental competency before he can face charges in the shooting death of Stanislaus County sheriff’s Deputy Dennis Wallace.

Machado appeared briefly in court Tuesday morning. The hearing was intended to determine what type of mental health treatment Machado will receive. The defendant likely will be sent to a state hospital until his competency can be restored.

Stanislaus Superior Court Judge Thomas Zeff suspended the murder case after a forensic psychologist reported that Machado is able to understand the court proceedings, but the defendant is not capable of assisting his attorney in the case.

Zeff on Tuesday said deciding what medication to give to Machado has been difficult for the local doctor, because the defendant has been held at jails in other counties; first Tuolumne County and now San Joaquin County.

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.

The judge scheduled Machado to return to court Thursday to decide how and where Machado will receive mental health treatment.

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 Sheriff’s Department veteran, 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. 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 vehicle theft.

When the fatal shooting occurred, Machado was wanted on a bench warrant for allegedly failing to appear in court on a gun charge. 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 February 14, 2017 at 11:00 AM with the headline "Hearing postponed for man accused of killing sheriff’s deputy."