Jurors began deliberating Tuesday whether to recommend the death penalty or life without parole for Troy Victorino and Jerone Hunter, convicted in the 2004 killings of six people in Deltona, Florida. The case is widely known as the Xbox Murders due to a dispute over the video game console preceding the attack.
The pair were found guilty and originally sentenced to death for the brutal attack. Their sentences were overturned after a Florida Supreme Court ruling found death penalty sentences required unanimous jury decisions. While their resentencing trial was underway in 2023, state law changed again, requiring agreement from eight of 12 jurors for a death penalty recommendation.
The jury received instructions Tuesday morning and started deliberations shortly thereafter. Although tried together during the initial phase, Victorino and Hunter are being sentenced separately. The jury has the option to recommend the same punishment for both men or different outcomes.
Jurors are tasked with considering several factors, including the nature of the crime, the background of each defendant, and any presented aggravating and mitigating circumstances.
Closing arguments concluded Monday. Defense attorneys presented arguments hoping to persuade at least five jurors to favor a sentence other than death. Hunter's defense highlighted aspects of his strict religious upbringing and claims he hears voices. Victorino's defense focused on his childhood within the state system and past drug treatments as potential mitigating factors.
During her closing argument, Victorino's lawyer Beth Sammons reminded the jury of their decision's weight. "The person who is being executed is not the person from 2010. It's this person. This Troy Victorino that you've hopefully come to know," Sammons told the jury. Assistant State Attorney Heatha Trigones argued the verdict should be death, stating, "Justice demands this."
For a death sentence recommendation, the state needs eight of the 12 jurors to agree. The jury's decision is a recommendation for the judge. The judge will issue the official sentence at a later date, but will give the jury's recommendation significant consideration. Resentencing proceedings for the men have been underway for several weeks before reaching this deliberation phase.
