Crime

Man accused of killing Stanislaus deputy in 2016 to stand trial after judge denies delay

The trial of David Machado, accused in the 2016 shooting death of a Stanislaus County sheriff’s deputy, is set to begin later this year after Stanislaus County Superior Court Judge Thomas Zeff on Wednesday denied the defense’s request to suspend proceedings.

Jury selection is set to begin on Oct. 19 with the trial possibly starting on Nov. 9.

Machado, 41, who is accused of killing Sheriff’s Deputy Dennis Wallace in November 2016, attended the hearing in a orange jumpsuit as his attorney, Marcus Mumford, argued that Machado was not capable of helping him formulate a defense.

Dr. Alan Abrams, a psychiatrist in San Diego who was hired by the public defender’s office in June, said he examined 5,000 pages of Machado’s history and met with him on Sept. 10 for two hours. Abrams said Machado had ongoing severe symptoms of schizophrenia.

Deputy District Attorney John R. Mayne said after reviewing jailhouse calls between Machado and family members, logs of his day-to-day activity, and reviewing Machado’s medication records, there wasn’t “even a mild change in circumstances” regarding Macahdo’s status.

Machado had previously been treated at a state mental hospital after a forensic psychologist found that Machado could understand the court proceedings, but was not capable of assisting his attorney in the case. In February of last year, Zeff ruled Machado mentally competent but then-defense attorney Marlon Simon passed away suddenly, delaying the case.

Machado’s mother previously 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.

Dennis Wallace and his wife, Mercedes, are pictured Feb. 26, 2016, at Gemperle Fields in Turlock.
Dennis Wallace and his wife, Mercedes, are pictured Feb. 26, 2016, at Gemperle Fields in Turlock. Joan Barnett Lee Modesto Bee file

Wallace was killed 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 last 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 and arrested in Tulare County about four hours after the shooting.

This story was originally published September 23, 2020 at 4:41 PM.

Julian A. Lopez
The Modesto Bee
Julian A. Lopez has been covering local sports for The Modesto Bee since August 2018. He graduated from Arizona State in 2016 with a BA in Journalism.
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