Judge: Loyd case will move forward with new prosecutor

An Orange County judge ruled the murder case against the suspected killer of an Orlando police officer will move forward under a state attorney appointed by the governor, despite the objections of Orange County State Attorney Aramis Ayala.

Gov. Scott, citing his authority under the state constitution, unilaterally removed Ayala from the case by executive order on March 16 after State Attorney Ayala stepped forward and announced that her office would not seek the death penalty against Markeith Loyd, or any others facing murder charges in her jurisdiction.

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Tuesday, Ayala stood before Orange County Chief Judge Frederick Lauten and argued for a stay in the legal proceedings of the murder case until she could mount a full-on legal challenge of Scott’s authority to remove her from the high-profile case.

“There has been no dereliction of duties,” Ayala told the judge. “I reached out to (the governor) and I asked him if he had any objections…I asked if he had any questions and he said no, ‘I just want to know if you are going to recuse yourself.'” She said the conversation lasted about 25 seconds.

Ayala said in a public announcement there was no evidence that pursuit of the death penalty improved safety for citizens or police. She reasoned that such cases are costly and take years to wind through a maze of court proceedings. Her decision immediately drew heavy criticism and consternation from many in the law enforcement community.

Loyd also was in the jailhouse courtroom and watched quietly before raising several points with the judge.

"(Scott) took her off because he wanted the death penalty,” said Loyd, who is representing himself in the case.

Judge Lauten heard arguments from all sides and acknowledged the unusual nature of the circumstances.

“I’m not aware of a situation with these exact facts. It’s understandable to the court that some would question such a decision to replace a prosecutor,” he said.

However, Lauten said, the governor is empowered under the Florida Constitution to make appointments and assign prosecutors when necessary.

He then denied Ayala’s motion.

"I respect you personally and certainly respect your office and acknowledge that this is unheard of,” he said before affirming that Ocala State Attorney Brad King, who was assigned to the case by the governor, is now the chief prosecutor in the case. King is moving forward with his prosecution of the case.

Loyd, 41, is charged with murder in the separate shooting deaths of his pregnant ex-girlfriend Sade Dixon in December and Orlando police Lt. Debra Clayton on Jan. 9. Another law enforcement officer, an Orange County sheriff’s deputy, died in a traffic crash during a search for Loyd.

Tuesday's hearing began just after 9 a.m.

Loyd, shackled at his waist, sat on a bench for much of the hearing, staring downward and flanked by court officers. He was wearing a black patch over the left eye that was injured as officers took him into custody.

The judge, over Loyd’s objections, ordered him to be evaluated by a doctor to determine whether he suffered any neurological issues as a result of the injuries he sustained while being taken into custody by police following a nine-day massive manhunt.

Contact Gallop at 321-242-3642, jdgallop@floridatoday.com and Twitter at @JDGallop