Death penalty stance in Markeith Loyd case draws criticism

The decision by Orange County's 9th Circuit State Attorney's Office not to seek the death penalty in the case against an Orlando police officer's killer has drawn criticism from her peers statewide and in Brevard County.

Markeith Loyd, 41, was charged with murder in the separate shooting deaths of his pregnant ex-girlfriend Sade Dixon in December and Orlando police Lt. Debra Clayton in January.

"It is up to each state attorney to decide how they will handle each and every criminal case that comes before them," said Brevard State Attorney Phil Archer in a prepared statement. "As state attorney, we are granted immense power and broad discretion to make those decisions even if those decisions are unpopular or subject us to criticism."

"However, I do not agree with the conclusions about the death penalty that State Attorney Aramis Ayala has made in her statement today ... I want to make it clear to my community that I will continue to seek the death penalty in those cases that I believe are appropriate and where justice demands the ultimate sentence."

There are at least four death penalty cases awaiting trial in Brevard.

Investigators say Loyd shot and killed Orlando Lt. Clayton during a Jan. 17 confrontation in a Walmart parking lot. Loyd was captured after an intensive, nine-day manhunt.

Ayala’s decision comes just days after Gov. Rick Scott signed a bill requiring a unanimous jury recommendation before the death penalty can be imposed.

Ayala said there is no evidence of improved public safety for citizens or law enforcement with the death penalty, and that such cases are costly and drag on for years.

Ayala's decision drew heavy criticism from the criminal justice community. By late Thursday, Gov. Scott intervened and issued a notice that he was going to reassign the Loyd case to another state attorney, hours after she announced that her office would no longer seek the death penalty in any cases.

"I am outraged and sickened by this loss of life and many families’ lives have been forever changed because of these senseless murders. These families deserve a state attorney who will aggressively prosecute Markeith Loyd to the fullest extent of the law and justice must be serve," Scott said in a statement.

Ayala said she would follow the governor’s order.

Ayala was elected last fall in a judicial district that has grown from being moderately conservative to liberal over the past two decades.

“I have given this issue extensive, painstaking thought and consideration,” Ayala said at a news conference. “What has become abundantly clear through this process is that while I do have discretion to pursue death sentences, I have determined that doing so is not in the best interests of this community or in the best interests of justice.”

Florida law allows a governor to reassign a case for “good and sufficient” reasons.

“She has made it clear that she will not fight for justice and that is why I am using my executive authority to immediately reassign the case,” Scott said in a statement.

Orlando Police Chief John Mina said in a statement that he was “extremely upset.”

“The heinous crimes that he (Loyd) committed in our community are the very reason that we have the death penalty as an option under the law,” Mina said.

Florida Attorney General Pam Bondi called the decision “a blatant neglect of duty,” saying it sends a dangerous message to residents and visitors.

Brevard Public Defender Blaise Trettis said he was not surprised by Ayala's decision.

He said he believes her decision essentially strips the jury of their choice to make a recommendation for the death penalty.

"But I don't believe it will have any impact outside Orange County," he said.

Thursday's timeline

5:45 p.m.

An Orlando prosecutor says she will follow an order by Florida’s governor transferring an officer-killing case out of her hands after she announced she would no longer seek the death penalty in any cases.

State Attorney Aramis Ayala said Thursday that she will cooperate with Gov. Rick Scott’s order transferring Markeith Loyd’s first-degree murder case from her office to the office of a prosecutor in a neighboring district.

Loyd is charged with killing his pregnant ex-girlfriend and Orlando Police Lt. Debra Clayton.

Scott said transferring the case was a matter of fighting for justice.

Ayala says she made her decision after conducting a review and concluding that there is no evidence to show that imposing the death penalty improves public safety for citizens or law enforcement.

4:10 p.m.

Florida’s governor is reassigning a case involving the killing of a police officer after an Orlando prosecutor said she no longer will seek the death penalty.

A spokeswoman for Gov. Rick Scott said the governor is reassigning the Markeith Loyd case to a prosecutor in a neighboring district northwest of Orlando.

Scott’s action came hours after the top prosecutor in Orlando announced her office will no longer seek the death penalty in cases.

Loyd’s case is the most visible one affected by State Attorney Aramis Ayala’s decision. He is charged with killing his pregnant ex-girlfriend and Lt. Debra Clayton.

Ayala says there is no evidence of improved public safety for citizens or law enforcement with the death penalty, and that such cases are costly and drag on for years.

———

10:35 a.m.

Florida’s governor says the top prosecutor in metro Orlando should recuse herself from the case of a defendant charged with murdering a police officer.

Gov. Rick Scott said Thursday that State Attorney Aramis Ayala should recuse herself from handling Markeith Loyd’s case after she announced her office will no longer seek the death penalty in cases.

Loyd’s case is the most visible one affected by Ayala’s decision. He is charged with killing his pregnant ex-girlfriend and Lt. Debra Clayton.

Ayala says there is no evidence of improved public safety for citizens or law enforcement with the death penalty, and that such cases are costly and drag on for years.

Scott says he “completely disagrees” with Ayala’s decision as it applies to Loyd.

———

10:50 a.m.

The top prosecutor for metro Orlando says she is no longer going to seek the death penalty.

State Attorney Aramis Ayala on Thursday said she had decided to no longer seek the death penalty in first-degree murder cases after conducting a review. The most visible case immediately affected by Ayala’s decision is that of Markeith Loyd, who is charged with killing an Orlando police lieutenant.

Ayala’s decision comes just days after Gov. Rick Scott signed a bill requiring a unanimous jury recommendation before the death penalty can be imposed.

Ayala says there is no evidence of improved public safety for citizens or law enforcement with the death penalty, and that such cases are costly and drag on for years.

Loyd is also charged with killing his pregnant ex-girlfriend.

Associated Press was used in this report