Prosecutors deciding whether to seek the death penalty for man charged in mall shooting

Prosecutors at the State Attorney's Office are deciding whether to seek the death penalty for Albert James Shell Jr., the man Ocala police detectives say shot and killed another man at the Paddock Mall last month.

Shell, a convicted felon, went on the run after the Dec. 23 shooting. He was arrested in the pre-dawn hours Monday after a police standoff in southwest Marion.

With Amanda Sizemore of the Public Defender's Office by his side on Tuesday, a handcuffed Shell appeared via Zoom from the Marion County Jail for his first appearance in front of County Judge Tommy Thompson.

The judge ruled that Shell will be held without bail on charges of first-degree murder and attempted first-degree murder. Thompson told Shell he's a threat to the community and a flight risk.

The judge told Shell not to contact the woman he's accused of injuring during the shooting. Shell's next court date is Feb. 13.

Will the state seek the death penalty?

Chief Assistant State Attorney Walter Forgie said: "We're reviewing the facts of the case and his criminal history and I expect that decision will be made in the near future."

Mike Graves, head of the 5th Judicial Circuit Public Defender's Office, said: "We prepare every first-degree murder case as though it's a death case until they (meaning the SAO) decides not to. It's no different than any other case."

Public Defender Mike Graves
Public Defender Mike Graves

Shell's criminal history includes convictions for drug possession, fleeing law enforcement and retail theft. Since his release from prison in July 2021, Shell has faced multiple charges including drug possession and battery.

The shooting at the Paddock Mall in Ocala

Two days before Christmas, Ocala police officials say, Shell brazenly shot and killed 40-year-old David Nathaniel Barron at the Paddock Mall in a common area between Macy's and the food court.

Authorities believe Shell targeted Barron. Police officials said the men knew each other and they believe there was some sort of beef between the men.

A Marion County Sheriff deputy keeps an eye on an entrance after a gunman killed one man and wounded a women at the Paddock Mall in Ocala, FL on Saturday, December 23, 2023. Ocala Police Chief Mike Balken said the shooter fled on foot.[Alan Youngblood/Ocala Star-Banner]
A Marion County Sheriff deputy keeps an eye on an entrance after a gunman killed one man and wounded a women at the Paddock Mall in Ocala, FL on Saturday, December 23, 2023. Ocala Police Chief Mike Balken said the shooter fled on foot.[Alan Youngblood/Ocala Star-Banner]

The shooting sparked panic throughout the mall as scared customers ran or tried to find places to hide from the running gunfire. The woman shot in the leg was an innocent bystander, police said, and has since been released from the hospital.

The reward for information leading to Shell's arrest started at $5,000 and ended at $20,000. Police said they expect the reward money will be paid out, though they did not provide details.

Captured: Suspect in Ocala Paddock Mall shooting arrested; police believe reward money helped

Though Shell is in custody, detectives still have more work to be do. For example, they're looking into whether Shell had help eluding arrest. If so, then charges may be filed against anyone who assisted him.

Contact Austin L. Miller at austin.miller@starbanner.com

This article originally appeared on Ocala Star-Banner: Shooting at Paddock Mall in Ocala, Florida: Will state seek death penalty?