Florida judge declares mistrial in Deltona 'Xbox murders' sentencing re-trial
Mistrial in 'Xbox murders' resentencing
The resentencing trial for two of the convicted killers in the Deltona "Xbox Murders" has been declared a mistrial. Troy Victorino and Jerone Hunter returned to court on Tuesday, following a more-than two week stay. The proceedings were placed on pause due to a motion filed by the state in response to the judge’s decision to move forward with the old death penalty rules.
DELAND, Fla. - A Florida judge declared a mistrial Tuesday in a case to determine whether two men convicted in the infamous Deltona "X-box murders" should be sentenced to life in prison or death.
"I think we're out of options," Judge Randell H. Row III said before officially declaring the mistrial.
Much of Tuesday's hearing was hashing out a possible timeline for the trial to resume, addressing concerns and issues for expert witnesses, and addressing schedule concerns with the jurors.
Troy Victorino and Jerone Hunter, who were convicted in the deaths of six people and a dog in 2004, returned to court Tuesday, along with the jury, after another court's ruling paused the trial for weeks to discuss the state's recently changed death penalty rules.
Before, a jury needed to be unanimous when deciding to sentence someone to death. A new law will reduce that threshold to 8-4. The 5th District Court of Appeals ruled that the trial could continue under the revised 8-4 rule.
At Tuesday’s session, the prosecution, defense, and judge discussed the possible methods to move forward. Two jurors were dismissed due to various hardship issues, and other jurors brought up additional conflicts.
Defense and the prosecution agreed that there was no path forward, even considering the possibility to move forward with an 11-member jury.
A new timeline for the re-trial has not been announced. One scheduled, that trial will require a new jury.