Florida appeals court: Revised death penalty law to be enforced in retrial of XBox murder case
In a recent development that has added to the ongoing confusion surrounding Florida’s new death-penalty law, the resentencing of two men involved in the infamous “Xbox murders” case in Volusia County has raised significant questions. With jury selection already underway in April, Governor Ron DeSantis signed a law that eliminated the requirement for unanimous jury recommendations in death penalty cases. As per the new law, death sentences can now be imposed with an 8-4 jury recommendation.
The implementation of this law has sparked widespread litigation and debate, particularly regarding whether the unanimity requirement should also apply to older cases, such as the one involving Troy Victorino and Jerone Hunter, who were to be resentenced for their involvement in the 2004 murders. However, the Volusia case presented an additional challenge as it was in the midst of jury selection when the new law came into effect.
In response to this unique situation, Volusia County Circuit Judge Randell Rowe ruled that the unanimity requirement should still apply, citing the violation of due-process rights for Victorino and Hunter if the new law were used. However, prosecutors appealed this decision, leading to the overturning of Rowe’s ruling by a panel of the 5th District Court of Appeal.
The panel, in their detailed opinion issued on Friday, explained their conclusion that the new law should indeed be applied even after jury selection had commenced. The opinion, authored by Judge Harvey Jay and co-signed by Judge Brian Lambert (and partially by Judge John Harris), stated that both the prosecution and the defense were aware of the potential impact of the new law on the ongoing proceedings. It emphasized that the strategic choices made by experienced attorneys, in light of the new law, should not be questioned with the benefit of hindsight.
Furthermore, the panel’s ruling dismissed arguments that resentencing the defendants under the new law would violate the “ex post facto” clauses in the state and federal constitutions, which protect against retroactive changes in criminal laws. Judge Jay clarified that the change in the law was procedural and did not alter substantive personal rights. He emphasized that the amendment to the law was a procedural change, affecting how the criminal case was adjudicated rather than addressing the substantive criminal law.
Troy Victorino and Jerone Hunter were originally convicted for the brutal murders of six individuals in a Deltona home, a case that garnered national attention and became known as the “Xbox murders” due to a dispute over Victorino’s belongings, including an Xbox video-game system. Both individuals received four death sentences, which were subject to resentencing following a series of legal developments related to a 2016 U.S. Supreme Court ruling (Hurst v. Florida) and a subsequent decision by the Florida Supreme Court.
The 2016 ruling declared Florida’s death-penalty sentencing system unconstitutional, as it granted judges excessive authority in comparison to juries. The subsequent Florida Supreme Court decision mandated unanimous agreement among jurors on critical findings before judges could impose death sentences, leading the Legislature to implement a unanimous requirement in 2017. However, the Florida Supreme Court reversed this stance in 2020, opening the door for the Legislature and Governor DeSantis to amend the law this year and establish an 8-4 jury recommendation instead.
While the new law has resolved some issues, it has also raised numerous questions surrounding older death-penalty cases. In the case of Victorino and Hunter, Judge Rowe declared a mistrial in May during the resentencing proceedings. However, the appeals-court panel made it clear that the need for their opinion remained unaffected by the mistrial, providing clarity on the application of the new law. As of now, it is unclear when the new proceedings for the resentencing of Victorino and Hunter will take place.
