Defense seeks to submit evidence regarding complaint against officer in Wallace trial

Defense attorneys for Othal Wallace, the man accused of killing Daytona Beach Police Officer Jason Raynor, said the officer had been described as “proactive.”

But they also said such a trait could result in police profiling. Therefore, the defense wants to introduce a complaint against Raynor as evidence in Wallace's upcoming trial.

Wallace, 31, was charged with first-degree murder in the shooting of Raynor on June 23, 2021. The officer died 55 days later.

Prosecutors are seeking the death penalty.

Defense attorneys want to introduce evidence about a stop Raynor made six months before he was fatally shot.

Defense attorney Tim Pribisco, who along with Terry Shoemaker and Garry Wood, is representing Wallace, said the issue is important to the case.

“The state of mind of Mr. Wallace is everything here,” Pribisco said. “There’s really no dispute about the manner in which this death was caused or how it was caused. The issue is whether Othal Wallace was reacting to a perceived threat and felt as though he needed to do what he did to defend himself or out of self-preservation.”

Wallace shot Raynor when the officer tried to question him in a parked car behind a Daytona Beach apartment complex, according to a report.

Pribisco said that when Raynor walked up to Wallace, he was unlawfully detaining Wallace and had no probable cause to question Wallace. Pribisco said that Raynor was standing in a way that blocked Wallace’s ability to leave and had placed a hand on Wallace’s shoulder and later grabbed him.

Pribisco wants to introduce evidence of a traffic stop Raynor made on Jan. 12, 2021, during which he unlawfully detained Selina Scott, according to the defense motion. Scott later filed a citizen’s complaint.

Pribisco said Raynor told Scott he would break the window in her vehicle if she did not comply. After she exited the vehicle, Raynor handcuffed her. Scott was irate, Pribisco said. He said that Raynor subsequently slammed her against the hood of his patrol car.

Police Chief Jakari Young approved on June 14, 2021, Raynor’s suspension as a result of actions during the stop, Pribisco said.

Young sustained one violation against Raynor for which he was suspended 12 hours, according to an exhibit in a motion. But the exhibit did not specify what the violation was.

Scott later plead no contest to resisting an officer without violence and adjudication was withheld, meaning she was not convicted of the charge. Prosecutors dropped a charge of possession of cannabis not more than 20 grams.

Pribisco said that if the stop against Wallace was unwarranted, the defense could make several possible arguments during the upcoming trial, including self-defense and provocation.

Assistant State Attorney Andrew Urbanak, who along with State Attorney R.J. Larizza and Assistant State Attorney Jason Lewis, was at the prosecution table Friday, opposed introducing the Scott stop at the trial.

Urbanak said that while the police department made some findings in the case, it did not find that Raynor had violated any policies nor did it find he had used excessive force.

Urbanak also said that while Raynor exercised some force during that stop, he did not exercise excessive force, or any force, with Wallace.

Circuit Judge Raul Zambrano said he would issue a ruling at a later date.

This article originally appeared on The Daytona Beach News-Journal: Wallace defense seeks to tell jurors of complaint against slain officer