DeBary man, guilty of murder, faces possible death sentence for killing childhood friend

A man who shot his childhood friend in the back of the head inside a DeBary storage unit was found guilty Thursday by a jury of first-degree murder and will face a possible death sentence.

Julio Cesar Rivera, 52, shot Roberto Ovalle, 40, on Dec. 8, 2019, in a storage unit that had been converted into an efficiency living space off Highbanks Road.

Jurors found Rivera guilty of first-degree murder and being a convicted felon in possession of a firearm.

The trial enters the penalty phase on Tuesday when jurors decide whether to recommend that Rivera be executed.

If eight of the 12 jurors recommend death then Circuit Judge Elizabeth Blackburn will have the option of sentencing Rivera, 52, to death or mandatory life in prison. If fewer than eight jurors vote for death then Rivera must be sentenced to life in prison.

This is Rivera's second murder conviction. Rivera had served 26 years in prison for killing a shopkeeper in New York.

Rivera had been living in Ovalle’s storage unit in DeBary, where Ovalle, a drug dealer, kept marijuana and heroin. But Rivera did not like having to stay with the drugs in the storage unit. Prosecutors said Rivera felt disrespected.

Ovalle’s girlfriend, Casey Bathjer, testified that she and Ovalle were about to leave the storage unit on the night of the shooting when Rivera told them he had a “new toy” he wanted to show them.

Rivera then walked behind Ovalle. Bathjer said she heard a gunshot and saw Ovalle’s head snap.

Rivera allowed Bathjer to drive back to Ovalle's house. Rivera, who accompanied her, then drove away. Bathjer got her children and called 911.

Rivera was arrested by deputies when he drove back to the scene of the shooting.

Volusia Sheriff's Office Lt. Jayson Paul testified that Rivera got out of the car and said either "I did it" or "I'm the one you are looking for."

Rivera admitted to shooting Ovalle in a recorded jailhouse phone call, prosecutors said.

At the time of the shooting, Rivera was wanted in New York on a probation violation.

This article originally appeared on The Daytona Beach News-Journal: Man to face possible death penalty for killing friend in DeBary