Volusia County: Julio Rivera sentenced to death
Last week, the trial court sentenced Rivera to death following the jury's 8-4 recommendation for death in January.
As TFDP previously covered, in January, a Volusia County jury recommended by a vote of 8-4 that Julio Rivera be sentenced to death. (Florida’s 2023 capital sentencing scheme was applied at trial.)
Last week, the trial court sentenced Rivera to death. The trial court agreed with the jury that the State proved two aggravating factors beyond a reasonable doubt and assigned them the following weight:
Defendant was previously convicted of a felony and was under sentence of imprisonment at the time he committed the murder (great weight).
Defendant was previously convicted of a felony involving the use or threat of violence to another person (great weight).
In mitigation, the trial court determined:
Defendant’s maternal family history of mental illness (very slight weight);
Defendant’s maternal family history of substance abuse (very slight weight);
Defendant’s paternal family history of mental illness (less than very slight weight);
Defendant was abandoned by his father (very slight weight);
Defendant was sexually abused as a child by multiple perpetrators (slight weight);
Defendant witnessed domestic violence in the home (slight weight);
Defendant was exposed to drug and alcohol abuse within the home by adults (very slight weight);
Defendant was exposed to drug activity within the home by mother’s husband (very slight weight);
Defendant was exposed to criminal activity in the home by mother’s husband (less than very slight weight);
Defendant was abused by family member (very slight weight);
Defendant lacked a father figure (very slight weight);
Defendant lacked positive role models (very slight weight);
Defendant grew up in poverty in the Bronx (slight weight);
Defendant grew up in a violent neighborhood (moderate weight);
The court combined this mitigator with two others—that Defendant was exposed to gun violence throughout childhood and Defendant’s numerous family members or friends were killed in gun violence.
Defendant grew up in a neighborhood with heightened drug activity (slight weight);
Defendant grew up in an unstable home environment (very slight weight);
Defendant’s mother did not provide appropriate supervision (very slight weight);
Defendant attempted suicide by shooting himself in the chest (very slight weight);
Defendant protected his younger brothers (very slight weight);
Defendant suffered from anxiety at an early age (less than very slight weight);
Defendant suffered from depression at an early age (slight weight);
The court combined this mitigator with another—that Defendant suffers from major depressive disorder.
Defendant abused marijuana during childhood and adulthood (slight weight);
The court combined this mitigator with three others—that Defendant was addicted to heroin as a teenager, that Defendant abused cocaine as a teenager, and that Defendant was introduced to drugs by family members.
Defendant was diagnosed with a learning disability in school (very slight weight);
Defendant received special education services too late (less than very slight weight);
Defendant was diagnosed as emotionally handicapped in school (very slight weight);
Defendant was hit by a car in early childhood (less than very slight weight);
Defendant suffered multiple head injuries (less than very slight weight);
Defendant’s siblings suffer from mental illness and substance abuse (very slight weight);
Defendant’s numerous family members were incarcerated (very slight weight);
Defendant was sent to group homes (less than very slight weight);
Defendant received medication for mental illness while incarcerated (very slight weight);
Defendant maintained positive relationships with family during incarceration (very slight weight);
Defendant provides positive support for his son Benjamin (very slight weight);
Defendant obtained his GED while incarcerated (very slight weight);
Defendant has complex trauma (less than very slight weight);
Defendant has executive functioning deficits (very slight weight);
The court combined this mitigator with three others—that Defendant has a neurodevelopmental disorder, that Defendant suffered from traumatic brain injury, and that Defendant’s traumatic brain injuries/brain structure has impacted his behavior.
Defendant was using drugs at the time of the offense (very slight weight);
Defendant did not receive appropriate substance abuse treatment after being released from incarcertaion (less than very slight weight); and
Defendant is remorseful for the crime (less than very slight weight).
The trial court determined that the following mitigator was not established:
Defendant had suicidal ideations during adolescence.
The court determined that the aggravation “substantially outweigh[s] the mitigating circumstances” and that death is the “appropriate penalty.” Accordingly, the court sentenced Rivera to death.
