Troy Victorino, Jerone Hunter begin penalty phase retrial in Deltona murders

The retrial of Troy Victorino and Jerone Hunter in Deltona's Xbox mass murder began Tuesday with prosecutors' asking to delay the trial.

Prosecutors appealed the judge's denial of its request to use the state's new death penalty statute, which was signed on Thursday. The new law requires eight of the 12 jurors to recommend death.

However, when jury selection began in the proceedings, it required a unanimous jury recommendation. The new law was signed the same day the court and attorneys finished selecting 15 jurors including three alternates to hear the case against the two men.

The Deltona mass murder: Here's what you need to know

Framed as ringleader? Killer's defense: Victorino framed as ringleader in baseball bat murders

Deltona mass murder: 2 men convicted in Deltona mass murder face death penalty again after sentences overturned

Victorino, 46, and Hunter, 35, were already convicted and sentenced to death for the 2004 Xbox mass murder in Deltona. Two other men were sentenced to mandatory life in prison.

Victorino's and Hunter’s guilt is not at issue, only how they will pay for their crimes.

Killed in the massacre were Erin Belanger, 22; Michelle Nathan, 19; Roberto "Tito" Gonzalez, 28; Jonathan Gleason, 17; Francisco "Flaco" Ayo-Roman, 30; and Anthony Vega, 34. A dog was also killed.

Defense attorney: DeSantis signed law specifically for Xbox case

Defense attorney Allison Miller, who represents Hunter, said she has filed public record requests with state agencies because she suggested that Gov. Ron DeSantis may have changed his schedule to sign the new death penalty law so that it would apply to this trial.

Xbox killer Victorino: 'Don't worry. I'll take care of it myself.' 

Volusia County Sheriff’s Deputy John McDonald testified that Belanger had called the sheriff’s office on July 30, 2004, to report a suspicious vehicle at her grandparents' home on Providence Boulevard. No one was supposed to be living at the house.

McDonald and another deputy responded and found two people. One was arrested because of an outstanding warrant and the other was a juvenile who was turned over to her parents.

Belanger’s grandmother said she did not wish to press charges.

The sheriff’s office received a call the next day from Victorino who said the house on Providence was his and some items had been stolen.

McDonald said he remembers Victorino mentioning a basketball jersey and an Xbox.

McDonald said he told Victorino that he had knowledge that was not his house. He also told Victorino he had to verify that the items were stolen and then contact the sheriff’s office.

He said Victorino became angry when he realized the sheriff’s office would not be investigating.

McDonald testified Victorino said, “Don't worry. I'll take care of it myself.”

McDonald said he told Victorino if he confirmed that the items were stolen, he could call the sheriff’s office and “we can see what we can do.”

Victorino remained angry.

“He said he had worked hard for his items and he is not going to let this go,” McDonald said.

Medical examiner testifies

Assistant State Attorney Heatha Trigones questioned James Fulcher, the Volusia County's chief medical examiner, who reviewed the six victims' autopsies.

Fulcher said all died from blunt force trauma. He described skull fractures on the victims as well as stab wounds.

Florida executes 100th death row inmate: Who's on the list from Volusia, Flagler counties?

Statewide: Is the cost of Florida's death penalty too high?

Xbox murders: Death sentence overturned for Troy Victorino, ringleader of Deltona mass murder

Fulcher used a plastic model of a human skull to illustrate the fractures to jurors the fractures. Some of the skull fractures were what Fulcher called “hinge fractures;” such fractures divide the skull into two sections.

He said some of the wounds occurred as the victims were near death or dead. Fulcher said all the victims had defensive wounds.

Trigones asked him if the injuries would have been painful.

Fulcher said yes, assuming the victims were conscious. He said the defensive wounds indicated the victims were still alive.

During cross-examination, defense attorney Miller noted Fulcher did not perform the autopsies and was relying on information from the previous medical examiner.

Opening statement in the Xbox trial

Assistant State Attorney Andrew Urbanak made his opening statement to the 15-member jury. The jury has nine women and six men. Three of the jurors are alternates.

Urbanak said the killings happened over property. Victorino had been living in a house owned by Belanger’s family but had been told to leave. Victorino was angry that he had not gotten some of his property, including an Xbox.

Victorino had gone to Belanger’s house on Telford Lane and demanded his property. Belanger told him she would find and return the items.

Urbanak recounted how Victorino was at another man’s house several days later when he brought up a movie called "Wonderland" in which a group of men armed with pipes killed another group. The plot against the people on Telford Lane grew from there.

Urbanak said Victorino and Hunter and the other two men armed themselves with aluminum baseball bats. Victorino told the others the layout of the house on Telford Lane and said it would be easier to kill the victims if they split up.

The four then burst into the house, split up and attacked the six victims. The sound of the metal bats hitting flesh was heard over and over and over again in the house, Urbanak told jurors.

Before the attack, Hunter had suggested they wear masks but Victorino said that would not be necessary because they would not leave anyone behind to identify them, Urbanak told jurors.

Hunter found Nathan hiding in a closet. She begged for her life, but Hunter stabbed her in the chest. When she screamed, he hit her in the head with the baseball bat, Urbanak said.

Victorino's and Hunter’s defense attorneys said they would reserve their opening statements.

Request to delay Xbox murder penalty phase retrial denied

Circuit Judge Randell Rowe denied prosecutors' request to use the new law.

On Tuesday, Assistant State Attorney Andrew Urbanak asked Rowe to delay the trial so prosecutors could appeal that decision.

Rowe said the trial had been delayed enough and denied Urbanak’s request to stay the proceedings.

Rowe in 2016 cited a Florida Supreme Court ruling in overturning the death sentences against Victorino and Hunter. Theirs were among a number of death sentences overturned by different courts related to the ruling.

This article originally appeared on The Daytona Beach News-Journal: Medical examiner testifies in Deltona Xbox murders penalty phase retrial