Man convicted of killing Daytona Beach police officer files motion for new trial

VOLUSIA COUNTY, Fla. — The man convicted of killing a Daytona Beach Police officer is requesting a new trial.

Othal Wallace’s attorneys filed a motion this week-- nine days after a jury found him guilty of manslaughter in the death of Officer Jason Raynor.

Wallace shot Officer Raynor in the head during a traffic stop in 2021.

Prosecutors were seeking the death penalty on a first-degree murder charge, but the jury found him guilty of the lesser charge.

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In the motion filed by attorney Garry Wood Monday, his attorneys claim Wallace did not receive a fair trial— and they want a new one.

The defense said the law and the evidence did not support the jury’s verdict.

They raise issues with instructions not given to the jurors during the trial. Wallace’s attorneys said several of their objections were overruled by the judge during the trial relating to testimony and evidence admitted.

The defense claims all of this gave Wallace an unfair trial.

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“There are two issues that a judge looks for. Was the verdict contrary to the evidence? Or were there serious credibility issues with the witnesses? Neither of those are present in this case,” said criminal defense lawyer Richard Hornsby.

Hornsby, who is not affiliated with this case, said a judge will likely deny the defense’s motion for a new trial. He says they’re rarely granted.

Even if the new trial is granted, Hornsby said another murder trial is off the table.

“If the new trial was granted, or even if the case was reversed on appeal, the highest charge he can be tried for would be manslaughter,” Hornsby said.

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Hornsby said it isn’t unusual for a defense attorney to file this type of motion asking for a new trial.

In fact, he said it’s pretty much standard.

“it’s kind of a boilerplate motion that most defense attorneys file after a client is found guilty,” Hornsby said.

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The State Attorney’s office said they’re declining to comment until sentencing.

A date for sentencing so far has not been set because of a pre-sentencing investigation that was ordered.

Sentencing is expected to happen in the next two months.

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