Man accused of killing deputy enters new plea. What that means for the murder case.
The man accused of killing Stanislaus County Sheriff’s Deputy Dennis Wallace entered a plea of not guilty by reason of insanity, which means a jury might have to decide whether the defendant spends the rest of his life in prison or is sent to a state hospital.
But the same jury would have to convict him first.
David Machado on Friday morning entered concurrent not guilty and not guilty by reason of insanity pleas in Stanislaus Superior Court. Machado is accused of murder in Wallace’s death. The deputy was gunned down after he spotted a stolen vehicle near Hughson.
The concurrent pleas mean Machado’s murder trial will begin as scheduled on June 29. The jury will hear testimony and review evidence to determine whether Machado committed the November 2016 shooting.
If Machado is convicted, the same jury will determine whether he was legally insane when Wallace was killed, Deputy District Attorney John R. Mayne said after Friday’s hearing.
Mayne, who is prosecuting Machado, also said the defense in a sanity phase of a trial has the burden to prove by a preponderance of evidence that the defendant was legally insane when a crime was committed. The prosecution has the burden of proof in the guilt phase of a trial.
The shooting occurred shortly before 8:30 a.m. Nov. 13, 2016, at Fox Grove Fishing Access near Hughson. While on patrol, Wallace had come across a white Dodge Caravan that Machado’s mother had reported stolen six days before.
When a backup deputy arrived, he found Wallace on the ground outside his car. At Machado’s preliminary hearing in November, a forensic pathologist testified that Wallace suffered two gunshot wounds, one in the face and one in the neck.
Machado also faces charges of carjacking, attempted carjacking and being a felon in possession of a gun. Authorities say Machado stole a car, prompting a statewide manhunt, before he was found in Tulare County about four hours after the shooting.
Machado’s mother has testified that her son’s wife of 14 years had left him, taking their two children with her. The mother said in court that her son had been extremely depressed, paranoid and delusional for a long time.
She also said she warned deputies that her son might be trying to commit suicide-by-cop. That warning was given six days before the fatal shooting, when she reported her son had taken her van.
The murder charge includes a special circumstances allegation for the killing of a sheriff’s deputy who was on duty. That allegation — if Machado is convicted — could result in a maximum sentence of life in prison without the chance of parole.
The Stanislaus County District Attorney’s Office in October informed the court that it would not be seeking the death penalty against Machado.
Superior Court Judge Thomas Zeff on Friday said he will appoint two doctors to evaluate Machado.
The psychiatrists or psychologists will then submit evaluation reports to the court.
If a jury finds Machado guilty of murder and determines he was legally insane when the murder was committed, the defendant would then be sent to a state hospital until he recovers his sanity. The prosecutor said defendants found not guilty by reason of insanity could spend from at least 180 days to the rest of their lives in a state hospital.
Machado’s mental health has been a focus in this case before. His murder case was suspended for two years before Judge Zeff reinstated it in February. The judge determined Machado was mentally competent to face the criminal charges, which means he has the ability to understand the court proceedings and assist his attorneys in his own defense.
Machado remains in custody at Stanislaus County Jail. The judge ordered the defendant to return to court Jan. 29, when the attorneys will receive an update from the court on whether Zeff has appointed the doctors who will evaluate Machado.