Juror COVID infection leads to another delay in case of man accused of killing deputy
The trial for the man accused of killing Deputy Dennis Wallace in 2016 was stalled on Monday when word came that one of the prospective jurors tested positive for COVID-19.
Stanislaus Superior Court Judge Thomas Zeff made the announcement in the case of defendant David Machado after attorneys spent much of the morning questioning prospective jurors.
The infected person was not in the courtroom Monday but had been in the jury assembly room on Feb. 23, said Deputy Jury Commissioner Joe Yniquez. He said the person was tested the following day and reported the positive results to the court on Monday.
The court has taken a number of precautions in response to the pandemic, including breaking jury panels into small groups who report at staggered times throughout the day to allow for social distancing both in the courtroom and the jury assembly room.
Zeff said people in two of the five groups on the panel might have been exposed.
“My inclination is to say we have a problem, I’m not going to risk anybody’s health, and that we should probably start over,” Zeff said.
Attorneys on both sides agreed and Zeff decided to excuse the entire 98-member panel.
Court Executive Officer Hugh Swift said anyone who was in the jury assembly room with the infected juror last week was either handed a letter on Monday or will receive one in the mail soon regarding the potential exposure.
A new panel will be brought in next week with an expected delay in the process of about two weeks, Zeff said.
The fatal shooting occurred near Hughson
Machado has pleaded not guilty and not guilty by reason of insanity in the November 2016 shooting death of Wallace at the Fox Grove Fishing Access near Hughson. 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. In addition to murder, Machado is accused of carjacking and trying to carjack several people during his escape attempt.
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, was granted another continuance in October because he was new to the case and needed time to prepare.
This is the second time a potential juror has tested positive, Yniquez said. A similar situation occurred in a different case in early February and the case was continued for 30 days.
In response to a statewide surge in COVID-19 cases beginning in November, the court limited the access to the courthouse to only those with official business and changed policy so that only one jury trial would be going on at a time.
Swift said of people who receive a jury summons: “It’s important that if they are experiencing any symptoms or have had a recent exposure that they let us know and we will work with them in terms of excusing them or deferring their jury service.”
This story was originally published March 2, 2021 at 5:00 AM.
