Trial for man accused of killing Stanislaus deputy at Hughson park moved into next year
The family of Deputy Dennis Wallace hoped to see his accused killer finally stand trial in November but the judge on Monday granted a motion by the defense to continue the case until next year.
David Machado was charged with fatally shooting Wallace, a Stanislaus County Sheriff’s deputy, at the Fox Grove Fishing Access near Hughson in 2016. Wallace was on patrol when he saw a white van that had been reported stolen.
When a backup deputy arrived, he found Wallace on the ground outside his car. He had suffered two gunshot wounds, one in the face and one in the neck. Machado was captured in Tulare County several hours later after a statewide manhunt.
The case has been delayed several times over the past four years. It was suspended for two years while Machado was in a state mental hospital to restore his competency to stand trial. After that his attorney at the Public Defender’s Office passed away suddenly and his second attorney quit. His current attorney, Marcus Mumford, has had the case for about six months.
Judge Thomas Zeff last month denied Mumford’s request to re-initiate competency proceedings for Machado and set the trial to begin Nov. 9.
But on Monday Mumford argued that he was not prepared to go to trial. He also said the doctor hired by the defense to testify with respect to Machado’s insanity plea, Alan Abrams, needs more time to review the case. Machado has entered concurrent pleas of not guilty and not guilty by reason of insanity.
Prosecutor John R. Mayne said that Mumford acknowledged he had diligently gone through all the evidence and that four other experts before Abrams found there was no viable insanity defense.
“As much as I’d love to deny this motion, I just don’t see that it is the appropriate thing to do based on the law,” Zeff said.
He said forcing a defendant to trial with an unprepared attorney could result in an appeal down the line for ineffective assistance of counsel.
Before rescheduling the trial to February, Zeff expressed concern about the potential of even more delays.
Mayne is running for judge in the November election and Zeff said he was aware Mumford had applied for a seat on the bench.
If he is elected next month, Mayne would be sworn in as judge in January. He said the District Attorney’s Office would still be prepared to go to trial.
Mumford did not return a phone call seeking comment about what seat he is seeking or if it would affect the February trial date.
This story was originally published October 6, 2020 at 6:00 AM.
