Clay County jury convicts Othal Wallace of manslaughter
Wallace faced the death penalty if convicted of first-degree murder for shooting and killing a Daytona Beach police officer in 2021.
Last week, Othal Wallace was tried in Clay County for shooting and killing a Daytona Beach police officer in 2021. The State sought the death penalty.
Trial Court’s Ruling that 8-4 Statute Applies
Wallace was charged with first-degree murder, and the State filed a Notice indicating it would seek the death penalty if Wallace was convicted of first-degree murder.
Shortly after Gov. DeSantis signed Florida’s new capital sentencing legislation, Wallace (through his attorneys) filed objections to the constitutionality of applying the new statute in his case and sought to preclude the application of the new statute to Wallace’s case. The court, relying on the Fifth DCA’s decision in Hunter and Victorino, ruled that the new statute would apply if Wallace was convicted of first-degree murder and the case went to a penalty phase. (More on the Hunter and Victorino decision here.)
Jury Verdict in the Guilt Phase
During the guilt phase, Wallace testified in his own defense and faced cross-examination by the State’s attorneys. The video below includes Wallace’s testimony:
During deliberations, the jury submitted questions to the judge regarding the evidence, including the following:
Following the guilt phase, the jury found Wallace guilty of the lesser-included offense of manslaughter while using a firearm. As a result, Wallace does not face the death penalty. Here’s the video of the jury’s verdict being read aloud in the courtroom:
The reading of the verdict starts around 6:00. The jury’s verdict form is not yet on the docket.