ORLANDO, Fla. — On Tuesday, an Orange County judge heard the first motions since the start of the pandemic in the second Markeith Loyd murder trial. Judge Leticia Marques says Loyd will not face a jury until 2021.


What You Need To Know

  • Loyd on trial for murder of Lt. Debra Clayton in 2017

  • Judge says she's waiting to see if their are rulings from the Supreme Court

  • There will be a future hearing on jury instructions

Loyd is accused of shooting and killing Orlando Police Lt. Debra Clayton in January 2017.

Judge Marques is making it clear to both sides that the jury will eventually determine whether the shooting death of Clayton was first-degree murder, and if it was, if Loyd will get a life sentence or a death sentence.

Everyone in the courtroom was wearing masks, and at times, they had trouble hearing each other.

The defense and the state filed multiple motions this year, including whether a jury needs to be unanimous in a death penalty case.

"This case is not going to be tried this year. I did my best to try and get it done, so it's not going to be done this year. So, I'm going to give this some time, to see if anything the Supreme Court does with standard jury instructions. There's also several death penalty cases up before the Supreme Court right now, whose rulings may or may not effect my position on this," Judge Marques said.

The judge said as they get closer to trial, there will be a day devoted to jury instructions in this case.

The defense continues to push that Loyd pulled out his gun after Clayton shot at him.

Loyd is already convicted in the shooting death of his pregnant ex-girlfriend Sade Dixon, where a jury recommended life in prison.