Judge postpones hearing for man accused of killing sheriff’s deputy
A forensic psychologist has submitted a report detailing David Machado’s mental capability to face charges in the Nov. 13 killing of Stanislaus County Sheriff ’s deputy Dennis Wallace. But the attorneys and the judge did not discuss the psychologist’s recommendation when Machado appeared briefly in court Tuesday morning.
Superior Court Judge Thomas Zeff postponed the hearing until Monday. Deputy District Attorney John R. Mayne requested the postponement, so the prosecution could have time to determine how to proceed with the case.
Deputy Public Defender Marlon Simon, who has been assigned to represent Machado, said he was OK with the postponement. He told the judge that might not attend next week’s hearing, but another attorney from the Public Defender’s Office will appear on his behalf as long as prosecutors informed of what they plan to do beforehand.
The defendant is being held without bail at the San Joaquin County jail. Authorities have explained that when a crime victim is a law enforcement official, it’s typical for other agencies to offer to house the suspect as a courtesy and avoid any possible appearance of impropriety.
Machado’s murder charge comes with a special circumstance allegation that makes the case eligible for the death penalty, but prosecutors have not informed the court whether they will seek it.
The defendant entered the courtroom wearing a dark red jail inmate jumpsuit and shackles with chains around his waist and between his ankles. Machado has indicated he wants to legally represent himself. He also has had outbursts in court, saying he wants his case to be over with quickly. On Tuesday, he said nothing as he sat next to Simon.
Several sheriff’s officials provided security inside and outside the courtroom during Machado’s hearing. Sheriff Adam Christianson also was in the courtroom and stood a few feet away from Machado.
After the hearing, sheriff’s officials cleared the courthouse hallway and prevented anyone from catching a glimpse of Machado as he was ushered out of the courtroom.
While the results of Machado’s mental health evaluation was not discussed in court, the defense attorney mentioned the psychologist’s report was detailed.
If Machado is found mentally unfit to face criminal charges, the court would send him to a state hospital to restore his competency. His hospital stay would be indefinite, since the defendant could face a maximum sentence of life in prison if convicted. Once his competency was restored, Machado would be returned to Stanislaus County to face charges.
If the psychologist’s report says Machado is mentally fit, the criminal case would be reinstated. The judge then would decide when to schedule a preliminary hearing to determine whether there’s enough evidence for Machado to stand trial.