Proposed 'Jason Raynor Act' would increase penalty for manslaughter of a police officer

In response to cop-killer Othal Wallace escaping a life sentence, a proposed bill titled “The Officer Jason Raynor Act” would increase the penalty for manslaughter of a police officer to mandatory life in prison.

The bill is named after Daytona Beach Police Officer Jason Raynor whose killer, Wallace, was convicted of manslaughter with a firearm and sentenced last year to 30 years in prison. Wallace's defense attorneys said the law is unnecessary and would erode civil liberties.

State Attorney R.J. Larizza, who was the lead prosecutor on the case, had sought a first-degree murder conviction and the death penalty, or at least a mandatory life sentence, against Wallace.

But a Clay County jury convicted Wallace, 31, of the lesser charge of manslaughter with a firearm, which carried a maximum sentence of 30 years in prison. Manslaughter is a second-degree felony punishable by up to 15 years in prison, but the use of a firearm doubled the penalty.

Larizza said in an interview Wednesday that he wanted to clarify the law and enhance the penalty for manslaughter when it involved law enforcement.

“You cannot resist a law enforcement officer with violence, or the threat of violence, based on the allegation that the officer didn’t have probable cause or reasonable suspicion for the detention or arrest,” Larizza said.

He said such legal matters should be decided before a judge, not on the street.

“You disagree with a police officer, you think they don’t have a right to stop you and they stop you, then you comply and you raise the issue in court,” Larizza said.

The bill adds some language, and states that a person is not justified in the use of force or threatened use of force against an officer to resist “a lawful or an unlawful” arrest.

The bill deletes language that calls for the officer to be acting in "good faith."

The bill also deletes a paragraph about an officer not being justified in using force if the arrest is unlawful and known by the officer to be unlawful.

Wallace was sitting in his car behind an apartment building in Daytona Beach where he was living with his girlfriend on June 23, 2021, when Raynor approached him. Raynor, on duty and in police uniform, asked Wallace if he lived there. Wallace did not answer but instead asked Raynor why he was asking. The situation quickly escalated into a brief struggle before Wallace drew his gun and shot Raynor in the head. The 26-year-old Raynor died 55 days later.

Wallace’s defense team of Terry Shoemaker, Tim Pribisco and Garry Wood argued at trial that Raynor did not have probable cause to question Wallace and that Wallace had a right to walk away. The defense argued that Wallace feared for his life and was defending himself from Raynor when he shot the officer.

Wallace testified that he was in fear and he said Raynor was reaching for his waistband. Raynor's gun was still holstered when the officer was found wounded on the ground.

Manslaughter of police officer punishable by life in prison

The bill, which would take effect on Oct. 1, would make manslaughter of a police officer or correctional or probation officer punishable by the mandatory term of life in prison.

Larizza argued during the trial that Wallace did not have a right to resist an arrest, whether it was lawful or unlawful.

Larizza said Wednesday he couldn’t say whether the changes to the bill would have made a difference in the Wallace verdict.

“But for future cases I think it’s important. I want the jury to reach a fair verdict. I just want it to be clear,” Larizza said.

Larizza said he worked on the bill and then contacted State Rep. Jessica Baker, R-Jacksonville. Baker, who has worked in Volusia County, is also an assistant state attorney for Larizza working in St. Augustine. They continued to work on the bill together.

Baker contacted Sen. Jonathan Martin, R-Fort Myers, to be the Senate sponsor. Martin is chair of the Criminal Justice Committee. The Senate version is SB 1092 and the House version is HB 1657.

Daytona Beach Police Chief Jakari Young wrote in an email to The News-Journal Wednesday that he would reserve his comments until the bill passes.

In a press release, Baker and Martin stated that the bill would remove “contradictory language that often confuses juries in cases involving the death of a police officer.” They stated the law makes it clear someone cannot resist a police officer with violence when they are performing their official duties.

“The men and women in uniform serving and protecting our communities deserve the strongest protections we can give them under the law,” Martin stated in the release. “This bill lets them know that we have their backs and that criminals who disregard their lives will be punished accordingly.”

“Florida’s law enforcement officers put their lives on the line every day to keep our families safe,” Baker stated in the release. “Our goal is simple: Kill a cop and you are voluntarily surrendering your freedom for the inside of a cell for the rest of your life.”

Wallace defense says law is unnecessary

Wallace’s defense attorneys in an email to The News-Journal wrote that the changes in the law were not needed.

“The Jason Raynor Act is unnecessary. The current state of the law provides serious punishment for those convicted of injuring or killing law enforcement officers who are killed while acting in good faith during the lawful execution of their duties,” according to the email sent by Shoemaker.

Shoemaker and Pribisco stated that law enforcement work was dangerous and important, but the proposed act would not offer additional protections for police.

“Rather, the proposed Jason Raynor Act essentially provides immunity for officers who use force against the citizens regardless of whether the officer is acting in good faith. … The citizens of Florida should pay close attention to the specific language of the bill which prohibits a citizen from using force against a law enforcement under any circumstance, even if the officer is illegally detaining, illegally arresting or using excessive force."

The statement from Shoemaker and Pribisco added: "We hope people pay attention to what this legislation actually means for civil liberties rather than be distracted by politicians who are trying to politicize the verdict in Mr. Wallace’s case."

Larizza's office declined to comment on Shoemaker's and Pribisco's statement.

This article originally appeared on The Daytona Beach News-Journal: Jason Raynor Act would increase penalty for manslaughter of police