Man on trial accused of killing friend in DeBary storage unit, could face death penalty

Julio Cesar Rivera was feeling disrespected five years ago in a DeBary storage unit when he drew a gun and shot a friend in the back of the head, a prosecutor said Monday during opening statements in Rivera's murder trial.

This is not Rivera’s first encounter with the law. While jurors were not told, Rivera had served 26 years in prison for killing a shopkeeper in New York.

Rivera had been living in Roberto 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, which had been converted into an efficiency.

After his arrest, Rivera admitted to a man in a recorded jailhouse phone call that he had snapped and killed Ovalle, Assistant State Attorney Heatha Trigones said during opening statements.

If convicted as charged of first-degree murder, the trial will move into a penalty phase. In that case, Trigones and Assistant State Attorney Jason Lewis will ask jurors to recommend to Circuit Judge Elizabeth Blackburn that the 52-year-old Rivera be sentenced to death.

Rivera, who was wanted in New York for a probation violation, had only been in Volusia County for about six weeks before the killing. His friend, Ovalle, had two storage units off Highbanks Road, one that he used for cars he worked on and sold and the other the efficiency where he kept the drugs.

But Rivera felt he was taking a risk sleeping where the drugs were stored, and he felt he was being disrespected, Trigones said.

On the night of the Dec. 8, 2019, Ovalle and his girlfriend drove from Ovalle’s home on Normandy Boulevard in Deltona to the storage unit in DeBary. They smoked some marijuana there.

Victim's girlfriend testifies

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

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

Deputies later found Ovalle’s body reclined in an office chair with his feet on a bed.

Bathjer testified in an emotional voice that she told Rivera that she needed to get home to check on her daughter who was calling her. Rivera agreed to let her go home but he said he needed the car.

He told her not to worry — that he was not going to kill her. Rivera took the magazine out of the 9mm gun and gave both the gun and magazine to her, she testified.

She drove the car home and once there, ran inside the house with the 9 mm in her purse. She then went to the kitchen and said she got a revolver, which she didn't realize was unloaded, to protect herself.

Rivera drove away. She left the house with her two children and called law enforcement.

Defense Attorney Terence Lenamon, who represents Rivera along with attorney Melissa Ortiz, told jurors that the case against Rivera rested on Bathjer’s story. Lenamon made a sign for air quotes with his fingers as he referred to her “story.”

Lenamon showed jurors a September 2019 Facebook post from Bathjer before the shooting in which she told people to stop asking her about her boyfriend because she had shot him and he was dead.

Lenamon also questioned Bathjer about whether she had taken any money from Ovalle’s house. Ovalle kept as much as $20,000 or more in the home, sometimes stashed in  the attic.

Bathjer said she did not take any money.

Lenamon worked to point the jury’s attention to Bathjer. He said Bathjer was planning to move to Orlando at the time of the killing.

“This is a case about a woman who is tired of being in a relationship with a quasi-abusive boyfriend but didn’t want to leave the money behind,” Lenamon said.

Under questioning by Trigones, Bathjer testified that she did not shoot her boyfriend. Bathjer said they broke up at times but would get back together.

Police arrested Rivera the night of the shooting when he returned to the scene.

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."

But Paul testified that his body camera did not pick up the comments.

This article originally appeared on The Daytona Beach News-Journal: Man on trial accused of killing friend in DeBary storage unit