Man accused of killing Daytona Beach police officer will be tried in Clay County

Othal Wallace in court for a change of venue hearing, Friday, April 21, 2023.
Othal Wallace in court for a change of venue hearing, Friday, April 21, 2023.

The death-penalty trial of Othal Wallace, who is accused of killing Daytona Beach Police Officer Jason Raynor, will be moved from Volusia County to Clay County.

Othal Wallace, 31, was charged with first-degree murder in the killing of Raynor. Prosecutors are seeking the death penalty.

Circuit Judge Raul Zambrano issued an order Friday moving the trial to the Clay County Courthouse at 825 N. Orange Ave. in Green Cove Springs, approximately 80 miles away from Daytona Beach.

Zambrano had previously agreed it would be difficult and time-consuming to find a jury in Volusia County for the case, which has received widespread media attention.

Clay County's population was 226,589 as of July 1, 2022, according to the U.S. Census website. Of that, 78% are white and 13.9% are Black. The median household income in Clay County was $74,059 and the per capita income was $33,670. Eight percent of the residents were in poverty, according to the Census Bureau, which cautioned the poverty number might not be comparable to other "geographic levels."

Volusia County's population was 579,192 as of July 1, 2022, according to the census. Of that, 82.9% are white and 11.9% are Black. The median household income in Volusia County was $56,786 and the per capita income for the past 12 months was $32,231. And 13.8% of residents were living in poverty, according to the census, which carried the same caution about comparing that figure.

Clay County has 88,760 registered Republicans; 34,641 Democrats; 38,518 no party affiliation; and 3,382 "other," according to the Clay County Supervisor of Elections website.

Volusia County has 157,838 active registered Republicans; 117,980 Democrats; 116,394 no party affiliation; and 9,068 "other," according to the Volusia County Supervisor of Elections website.

Zambrano has scheduled the trial to start Sept. 5. It was originally set to start July 31, but Zambrano agreed to delay it by one month after the defense asked for more time to prepare.

Zambrano wrote in his order that he had visited or contacted the following counties to check their suitability: Escambia, Santa Rosa, Bay, Lee and Clay.

Escambia, Santa Rosa and Bay counties are all in Florida's panhandle with Bay County the closest. Bay County's county seat is Panama City which is about 358 miles away from Daytona Beach. Lee County is on the Gulf Coast in Southwest Florida and its county seat is Fort Myers, which is about 216 miles away from Daytona Beach.

Zambrano wrote he considered safety measures and protocols for each courthouse, accessibility, condition, size and availability of the facilities. Zambrano also considered the availability and size of the courtroom and its technology. He considered the available sheriff's office staffing and inmate transfer protocols. Zambrano also considered community and demographics, as well as court reporter availability and the county's willingness to host the trial.

Zambrano wrote that all the counties except one were suitable; he did not say which one was unsuitable. Zambrano said he "weighed heavily" an agreement from the parties in making the decision to select the Judge William A. Wilkes Judicial Complex (Clay County Courthouse) in Green Cove Springs.

Defense requested moving the Othal Wallace trial

Wallace's defense attorney had asked for a change of venue during a hearing on April 21, arguing that the case has received a lot of publicity in the 7th Circuit, which covers Volusia, Flagler, St. Johns and Putnam counties.

One of Wallace's attorneys, Terry Shoemaker, also noted Raynor was a police officer and that many people donated to the slain officer's GoFundMe page. He said all those factors would make it difficult to find a jury in Volusia County.

Wallace's attorneys had suggested three counties – Alachua, Leon and Broward – but specifically asked for Alachua in their motion.

Shoemaker said Alachua County was more in line with Volusia County than St. Johns County, which the state had recommended. Shoemaker said race, income and political status in St. Johns were different Volusia.

Zambrano said choosing a venue is not a simple task and includes many demographic variables. Zambrano said many counties don't have sufficient court and security facilities. He said had checked with one county, which he did not name, which said it did not want the trial there. Zambrano said the county had construction issues.

Assistant State Attorney Jason Lewis opposed the move to Alachua County and suggested instead Putnam or St. Johns counties. Lewis said there was no court decision saying that he must find a racially or economically equal county.

Lewis said that Lake and Marion counties were very similar in economic and Black communities.

"The defense has selected three heavily Democratic counties," Lewis said.

Lewis said he would like to keep the trial in the 7th Circuit.

The shooting of Officer Raynor

Raynor was patrolling in an area of Daytona Beach on June 23, 2021, because residents had complained of criminal activity. Raynor went to question Wallace who was sitting in a car outside of an apartment building at 133 Kingston Ave., where Wallace was living with his girlfriend and their children, according to reports.

Police said Wallace shot Raynor in the head. Raynor’s gun was found still in its holster.

Wallace was arrested on June 26, 2021, when a task force found him hiding in a treehouse in DeKalb County, Georgia, near Atlanta.

This article originally appeared on The Daytona Beach News-Journal: Othal Wallace murder trial moved to Green Cove Springs in Clay County