Defendant in Ocala mall shooting now has a new attorney. Find out why.
The Ocala man who could face the death penalty if convicted of the brazen shooting death of an unarmed man inside the crowded Paddock Mall just before Christmas has a new attorney.
Originally, the Public Defender's Office represented Albert James Shell Jr., who's charged with first-degree murder with a firearm, two counts of attempted first-degree murder with a firearm and possession of a firearm by a convicted felon.
Tampa defense lawyer Daniel M. Hernandez now is Shell's lawyer, according to court records. A veteran attorney, Hernandez is no stranger to Marion County courtrooms. Throughout the years, Hernandez has represented clients from Ocala facing serious offenses, including murder.
He's the lawyer for Renaldo Devon McGirth, who is on death row for the 2008 shooting death of a woman in The Villages.
Hernandez, handling a murder trial in another county, told a Star-Banner reporter by phone that he was appointed by the court to represent Shell.
Hernandez said he hasn't had a chance to review the case. He anticipates nothing will happen for now because he's new to the matter.
A pre-trial conference for Shell is expected some time in May, court documents indicate.
Sequence of events
When Shell was arrested, the Public Defender's Office was appointed to represent him.
Reports show the office withdrew from the case citing a conflict of interest — specifically, its representation of another client.
A judge signed an order relieving the Public Defender's Office of its responsibility.
Next up was the Office of Criminal Conflict & Civil Regional Counsel for the 5th District. That office also said it has a conflict: It is representing a potential witness in the Shell case.
The judge agreed that a conflict existed and removed that office from the case.
Mall shooting
Shell is accused of the Dec. 23 fatal shooting of 40-year-old David Nathaniel Barron. Ocala police said Shell, 40, targeted the victim and fired shots even as the man tried to get away from him.
At one point, the two men struggled. Barron was able to get away from Shell, who pursued and fired shots at the defenseless man.
Detectives said several shots were reportedly fired from a firearm that was in Shell's possession. Two people — a man grazed by a bullet and a woman shot in the leg — also were wounded in the gunfire, officials said.
Shell fled the scene and was on the run for a little more than two weeks before he was apprehended by law enforcement officials in Marion County. A $5,000 reward, which increased to $20,000 as the days went by, was offered. Police officials believe the reward money helped them find Shell.
Reward paid
Asked if the $20,000 reward was paid, police officials said yes. As to who received the hefty sum, officials declined to say.
In the search for Shell, detectives asked the public for information about a hat the accused shooter was wearing. A man who picked up the hat and had it in his possession turned himself in to authorities for questioning. Officials said the man was not charged, since he cooperated with their investigation. The hat was seized by authorities.
A DNA sample was collected from the individual so it could be tested to rule him out as the shooter, officials said.
Reward: Suspect in Ocala Paddock Mall shooting arrested; police believe reward money helped
So far, no one has been charged with aiding Shell as he eluded police.
Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb
This article originally appeared on Ocala Star-Banner: Here's why the man charged in the Ocala Florida mall shooting has a new lawyer
