CA - Dep. Dennis Wallace, 53, fatally shot, Stanislaus County, 13 Nov 2016

A man accused of gunning down a Stanislaus County sheriff’s deputy wants to legally represent himself, but the court has to first decide whether the defendant is mentally competent to face charges in a potential capital murder case.

David Machado, 38, is charged with murder, first-degree robbery, carjacking and being a felon in possession of a gun in connection with the shooting death of Deputy Dennis Wallace.

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A forensic psychologist has submitted a report detailing David Machado’s mental capability to face charges in the Nov. 13 killing of Stanislaus County Sheriff’s deputy Dennis Wallace. But the attorneys and the judge did not discuss the psychologist’s recommendation when Machado appeared briefly in court Tuesday morning.

Superior Court Judge Thomas Zeff postponed the hearing until Monday. Deputy District Attorney John R. Mayne requested the postponement, so the prosecution could have time to determine how to proceed with the case.

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On Wednesday, Machado appeared before Zeff and was ordered to return on Nov. 16 for a full hearing to determine if he is competent enough now to stand trial. Both the prosecution and the defense will present evidence during the hearing, which is expected to last at least two days.

"At the end of the hearing, the judge will make a final determination whether the defendant understands the nature and circumstances of the criminal proceedings he's facing and whether he is capable of assisting his attorney in presenting his defense," said Deputy District Attorney John Gould, a spokesman for the Stanislaus County District Attorney's Office. "If found competent, criminal proceedings will be reinstated and the case will resume. If the judge finds Machado is still incompetent to stand trial, then Machado would be sent for further mental health treatment to restore him to competency."

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