J.D. Gallop

Florida Today

MELBOURNE, Fla. — Florida's governor moved the case of a man accused of fatally shooting a police officer to another state attorney Thursday after the initial prosecutor said she wouldn't seek the death penalty in any cases.

Gov. Rick Scott transferred the first-degree murder case of Markeith Loyd out of the hands of Orange County's 9th Circuit Attorney's Office. The case was reassigned to a prosecutor in a neighboring district.

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 in January.

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

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State Attorney Aramis Ayala's decision came just days after 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.

“I have given this issue extensive, painstaking thought and consideration,” Ayala said at a news conference Thursday. “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.”

Ayala's decision not to seek the death penalty drew heavy criticism from the criminal justice community.

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," said Mina.

"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.

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"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."

In transferring the case to another prosecutor, Scott said in a statement, "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 served."

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.

Having initially refused to recuse herself from the case, Ayala said she would follow the governor's order.

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

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

Blaise Trettis, public defender serving Brevard and Seminole counties, 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.

Contributing: The Associated Press. Follow J.D. Gallop on Twitter: @JDGallop

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