Delay Denied In Accused Cop Killer's Case

ORLANDO, FL — Orange-Osceola State Attorney Aramis Ayala’s attempt to remain as the prosecutor in accused cop killer Markeith Loyd’s first-degree murder trial hit a stumbling block on Tuesday when her request to delay proceedings was denied.

Ninth Judicial Circuit Court Chief Judge Frederick J. Lauten says Florida Gov. Rick Scott was within bounds when he removed the newly elected state attorney from the case earlier this month. Ayala’s ousting from the case came after she announced she would not seek the death penalty for Loyd, who is accused of killing his pregnant ex-girlfriend and gunning down Orlando Police Lt. Debra Clayton.

After Ayala’s announcement, Scott stepped in with an order removing her from the case. He subsequently appointed Lake County State Attorney Brad King to try Loyd instead.

That move, Ayala contends, is an overstep of Scott’s authority. The motion Ayala filed to delay proceedings claims Scott “unconstitutionally and unlawfully” removed her “solely because he disagrees with her exercise of prosecutorial discretion.”

Ayala wanted Lauten to grant a two week-delay in Loyd's case so she could prepare an arugement for the Florida Supreme Court. Her intent is to remain as prosecutor in Loyd's trial.

See also: Prosecutor Pulled In Accused Cop Killer Case

Lauten, however, upheld Scott’s authority on Tuesday with his denial of Ayala’s request, court documents show.

Following Ayala's decision not to seek the death penalty in Loyd’s case, the Orlando Sentinel spoke with former Orange-Osceola State Attorney Jeff Ashton, who was defeated by Ayala in the August primary. Ashton said Ayala had no opposition to the death penalty when she worked for him. Ashton told the Sentinel her change of heart was "ridiculous."

Ayala, the Sentinel reported, ousted incumbent Ashton with a $1.4 million campaign boost from a political action committee that has ties to George Soros, a well-known liberal activist.

Loyd, 41, is accused of shooting and killing Clayton on Jan. 9. The former Orlando Police Department master sergeant was promoted to the rank of lieutenant posthumously. Loyd had been a wanted fugitive since Dec. 13, 2016, when he was accused of killing his pregnant ex-girlfriend, Sade Dixon, 24, and wounding her brother.

Clayton, 42, was a 17-year veteran of the Orlando Police Department. She was gunned downed after police say she encountered Loyd at a Walmart store off John Young Parkway. Clayton was taken to Orlando Regional Medical Center, but the mother of one, succumbed to her injuries.

Shortly after Clayton was shot, Orange County motorcycle deputy Norman Lewis was struck and killed by a motorist while responding to the manhunt for Loyd.

A status hearing in Loyd’s case is scheduled before Lauten on Monday, April 3. The trial is set to begin in May, according to court records.

It is unclear if Ayala will attempt to bring her case before the Florida Supreme Court.

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