Stanislaus deputy’s killer drops insanity plea, bringing ‘some finality’ to ‘horrific’ case
The man who killed Stanislaus County sheriff’s Deputy Dennis Wallace in 2016 withdrew his insanity plea Friday as part of an agreement that will put him in prison for 45 years or more.
“It will hopefully bring some finality to the court portion of this horrific tragedy,” Wallace’s brother, Dave Wallace, said after the hearing.
A jury last year found Machado guilty of murder but couldn’t agree about whether he was insane when he shot Wallace at close range in the head and neck. Dennis Wallace was on duty when he was killed by Machado at the Fox Grove Fishing Access in Hughson.
Machado had entered concurrent pleas of not guilty and not guilty by reason of insanity.
After the jury agreed unanimously that Machado not only murdered Wallace but was a felon in possession of a firearm who carjacked two people and tried to carjack a third during his attempt to flee, the trial moved to the sanity phase.
According to testimony, Machado had delusions that the government was out to get him and his family and that it monitored him through a tracking device that was surgically implanted in his wrist.
Machado’s defense attorney said he had long feared the government would kill him and his family.
At the end of the sanity phase, the jury found that Machado was sane during the carjackings and attempted carjacking but were split 9-3 in favor of an insanity verdict for the counts of murder and being a felon in possession of a firearm. A mistrial was declared for the latter charges and a new sanity phase trial was expected to begin later his month.
During a pretrial hearing Friday before Judge Ricardo Cordova, Machado withdrew his plea of not guilty by reason of insanity on the two remaining counts.
In return for his plea, prosecutors struck a gun enhancement that came with a prison sentence of 25 years to life in exchange for Machado’s admission to a 20-year gun enhancement.
Both sides agreed to a prison sentence of 45 years to life, said Stanislaus County District Attorney’s Office spokesman John Goold.
Dave Wallace said Machado’s defense attorney first suggested a plea agreement last week and their family discussed it with prosecutors and Sheriff Jeff Dirkse.
Dave Wallace, a retired Modesto police officer, said he wanted to represent his brother as his family member but also as a member of the law enforcement family.
“I take it personally,” he said. “Regardless of whether it’s my actual brother or any one of the several (law enforcement officers) killed in Stanislaus County during my career, they are all like brothers to me.”
While the family wanted Machado sentenced to life without the possibly of parole, it considered the “current political climate in the State of California,” that a new jury could find him insane and that the appeals process could drag on for many more years.
“The least amount of time Dave Machado can spend in my head the better,” Dave Wallace said.
Had Machado been found insane at the time of the murder, he would have been sent to a state hospital. While unlikely, he could have been released if doctors determined his sanity was restored.
“The last thing we want is him to be out on the street and be able to hurt someone else,” Dave Wallace said.
A sentence of 45 years to life, after factoring in the possibility for good conduct credits that shorten sentences, means Machado won’t be eligible for parole until he’s at least in his 70s.
Goold said Machado also admitted that he knew Dennis Wallace was a peace officer in the performance of his duties at the time of the murder. “This removes the possibility of being eligible for elder parole down the road, at least under current law,” Goold said.
Machado will be formally sentenced and Wallace’s family will give victim impact statements on May 2.
Dave Wallace said he has been fighting for justice for Dennis for more than five years and he believes he got some Friday.
However, “This does not bring closure,” he said. “The term ‘closure’ is a fallacy in matters like this. Grief is a journey; we some days do better than others in handling grief, but it’s always going to be there.”
This story was originally published March 5, 2022 at 8:43 AM.
