Ocala’s King remains on Loyd case

Ocala-based State Attorney Brad King will remain the prosecutor for accused murderer Markeith Loyd while Orange-Osceola State Attorney Aramis Ayala, who was removed from the case after deciding not to seek the death penalty, appeals her removal in civil court.

Ninth Circuit Chief Judge Frederick Lauten made the ruling at a hearing Tuesday morning. Loyd is accused of killing his pregnant ex-girlfriend, Sade Dixon, as well as Lt. Debra Clayton, an Orlando Police officer who tried to arrest him. He is representing himself in court.

Ayala was taken off the case after she announced she will not be seeking the death penalty for Loyd, or for anyone else whose case her office tries during her tenure. The announcement sparked public debate, as well as outrage from law enforcement officials.

Gov. Rick Scott asked Ayala to recuse herself from the case, and when she declined to do so, he issued an executive order appointing King.

On Tuesday, Loyd said he wanted Ayala to stay on the case.

“This move is vindictive and politically motivated by Gov. Rick Scott,” Loyd said. “How could he appoint anyone to my case, or be involved in my case, when I’ve been tried and convicted in his eyes?”

Ayala said she still plans to appeal the governor’s order, and asked Lauten to halt proceedings for two weeks while she prepares an appeal.

Lauten declined to approve her motion to delay, saying that the governor’s executive order should be presumed legal unless courts rule otherwise.

“By inserting his personal politics into this case, Governor Scott’s unprecedented action is dangerous and could compromise the prosecution of Markeith Loyd and threatens the integrity of Florida’s judicial system," Ayala said in a statement after the hearing.

King said he will likely announce whether he will seek the death penalty for Loyd later this week. He also said he may appoint a few assistant state attorneys from Ayala’s office, who have been working on the case already, to help him bring the case to trial.

Dixon's family again sat in the courtroom, but did not speak publicly.

Loyd, who was kicked in the head by law enforcement when he was arrested outside a vacant Carver Shores home in January, has in past court hearings complained of headaches and damage to his eye.

Lauten on Tuesday ordered that a doctor evaluate Loyd to see whether his injuries make him incompetent to stand trial or to decide whether he wants to represent himself. Loyd told the judge he will not cooperate with the doctor.

In Tallahassee, a House committee proposed cutting Ayala’s office budget by $1.3 million and 21 positions. Later in the day, a Senate budget panel included a $1.46 million cut to her office that would also cut 21 jobs.

Rep. Scott Plakon, R-Longwood, warned last week he would look into cutting funds for the office because of Ayala’s death penalty position, calling it “lawlessness.”