Volusia County: Jury nonunanimously recommends death for Hunter and Victorino
Yesterday, a Volusia County jury recommended that both Jerone Hunter and Troy Victorino be resentenced to death on each count. The jury’s recommendations were all nonunanimous.
Yesterday, a Volusia County jury recommended that both Jerone Hunter and Troy Victorino be resentenced to death on each count. The jury’s recommendations were all nonunanimous.
Background
Troy Victorino and Jerone Hunter were convicted of six counts of first-degree murder for crimes that occurred in 2004, known as the “X-Box murders.” Victorino was sentenced to death on four counts following the jury’s recommendations for death by votes of 10-2, 10-2, 9-3, and 7-5. Hunter was sentenced to death on four counts (different victims) following the jury’s recommendations for death by votes of 10-2, 10-2, 9-3, and 9-3.
After Hurst, both Victorino and Hunter were granted new penalty phases.1
Victorino and Hunter’s resentencing was already underway when Florida’s 2023 capital sentencing procedure went into effect in April 2023. The trial court ruled that Florida’s prior capital sentencing scheme, which required a jury’s unanimous recommendation for death, would apply. The State sought review of the decision at the Florida Fifth District Court of Appeal.
In May 2023, the Fifth District issued an Order granting the appeal and ruling that the 2023 statute would apply in the resentencing. In September 2023, the Fifth District issued a written opinion explaining its decision. Hunter and Victorino sought review at the Florida Supreme Court on both the merits and the Fifth District’s jurisdiction to issue the ruling. The Florida Supreme Court dismissed the former petition and denied the latter.
The trial court issued a mistrial due to the delay caused by the litigation.
Resentencing
The new sentencing finally proceeded this month. Yesterday, the jury returned its sentencing recommendations and recommended that both Hunter and Victorino be resentenced to death on each count. Before issuing their recommendations, the jury found that the State had proven at least one aggravating factor on each count beyond a reasonable doubt:
Hunter
Gleason: all 5 aggravating factors established
Gonzalez: all 5 aggravating factors established
Nathan: all 5 aggravating factors established
Vega: all 5 aggravating factors established
Victorino
Belanger: all 6 aggravating factors established
Ayo-Roman: all 6 aggravating factors established
Gleason: verdict form not available
Gonzalez: all 6 aggravating factors established
The jury’s recommendations were all nonunanimous.
According to the Daytona Beach News-Journal:
The jury . . . recommended Victorino get death for Roman's murder by a vote of 10-2; for Belanger's murder by a vote of 10-2; for Gleason's murder by a vote of 9-3 and for Gonzalez's murder by a vote of 9-3.
The jurors recommended Hunter get death by a vote of 11-1 for Nathan's murder; for Vega's murder by a vote of 8-4; for Gleason's murder by a vote of 11-1; for Gonzalez's murder by a vote of 9-3.
Here’s how the votes changed from the original trial (Victim: [first vote], [second vote]):
Hunter
Gleason: 10-2, 11-1
Gonzalez: 9-3, 9-3
Nathan: 10-2, 11-1
Vega: 9-3, 8-4
Victorino
Belanger: 10-2, 10-2
Ayo-Roman: 10-2, 10-2
Gleason: 7-5, 9-3
Gonzalez: 9-3, 9-3
Under the 2023 capital sentencing statute, the trial court has the discretion to impose a sentence of LWOP rather than death despite the jury’s recommendation.