Othal Wallace appeals conviction for killing Daytona Beach Police Officer Jason Raynor

An attorney for Othal Wallace, who was sentenced to 30 years in prison for killing Daytona Beach Police Officer Jason Raynor, has appealed Wallace's conviction and sentence and cited some of the reasons for the appeal.

Circuit Judge Raul Zambrano sentenced Wallace on Oct. 27 to the maximum of 30 years in prison. He was convicted of manslaughter with a firearm, the least serious charge he faced for killing Raynor.

Wallace, 31, shot Raynor June 23, 2021, in the parking lot of a Daytona Beach apartment complex. Raynor had walked up to Wallace, who was sitting in his car, and asked whether he lived there. The situation quickly escalated into a brief struggle before Wallace shot Raynor in the head. The 26-year-old Raynor remained hospitalized until his death on Aug. 17, 2021.

Seventh Circuit State Attorney R.J. Larizza, who was the lead prosecutor on the case, along with veteran prosecutors Jason Lewis and Andrew Urbanak, sought to convict Wallace of first-degree murder, which would have made him eligible for the death penalty.

But the Clay County jury bypassed first- and second-degree murder, which carried a penalty of up to life in prison.

If Wallace is successful in an appeal, he would only be exposed to a retrial on the manslaughter with a firearm charge.

Wallace’s defense team of Terry Shoemaker, Tim Pribisco and Garry Wood made numerous objections during the trial which will form a basis for the appeal.

A separate document titled “Statements of Judicial Acts to be Reviewed” lists what the defense will appeal. Some of the items are general, such as one which states the “verdict is contrary to the law or the weight of the evidence.”

Here are the court rulings and issues the defense is challenging in its appeal:

• The judge’s denial of a special jury instruction about legal issues concerning a person’s detention, arrest and consensual encounters with police. The appeal states that Wallace’s defense repeatedly asked for this jury instruction during trial and when the “jury posed written questions to the court concerning these very issues,” the document states. The judge denied those requests.

• The judge allowing testimony from former Daytona Beach Police Officer Amanda Dickens. She testified that Raynor told her that he was going to look for a reported stolen car. The defense argued that her statements were inadmissible hearsay.

• The admission of body camera video from an officer who did not testify, as well as to the admission of evidence regarding an assault rifle and “banana clip” magazine found in a treehouse where Wallace was arrested in Georgia.

• The judge's denial of a defense request to “introduce evidence as to Jason Raynor’s character and reputation.”

• The judge's denial of the defense objection to the prosecution introducing Wallace’s Instagram posts. In a post on June 7, 2021, Wallace said he would one day be proud to get “pig’s blood” on his hands and boots. In another Instagram post shortly after Wallace had shot Raynor in the head he said "Don't let these (expletive) pigs (expletive) with you." On the stand, Wallace claimed he was not referring to police officers with the word pig, but rather people who did not treat him as human.

• The showing of a collage of pictures including a photo of a machete and Wallace wearing a T-shirt with the “New Black Panther Party” symbol to the jury. The defense asked for a mistrial which the judge rejected. The collage appeared at the end of an Instagram post from Wallace and the pictures themselves were small.

• Testimony from prosecution police training expert Roy Bedard who testified that Wallace could be detained by law enforcement and could not walk away even if he wasn’t doing anything illegal. Defense attorney’s objected, arguing that was a misrepresentation of the law and asked for a “curative instruction” to the jury. The judge denied the request.

• The denial of its request for a new trial.

• The defense is also appealing the judge’s denial of a “downward departure,” a lower sentence for Wallace. The defense sought a sentence below the state guideline minimum of 10.5 years. Wallace himself asked the judge during his sentencing for community control, basically house arrest.

• And in a catchall at the bottom of the document, the defense is appealing any objections overruled by the court.

This article originally appeared on The Daytona Beach News-Journal: Daytona Beach cop killer Othal Wallace appeals conviction, sentence