The three man convicted of slaughtering six people in 2004 with baseball bats in a Florida home because of an Xbox should have been tried separately, a lawyer told the Florida Supreme Court on Monday.
Jerone Hunter and Troy Victorino were both sentenced to death by electric chair or lethal injection in 2006, the third man received a life sentence without parole.
Hunter's attorney argued earlier this week that his client should be spared from execution because he was acting under the "domination" of Victorino, that he had no prior criminal record and suffers from schizophrenia.
The supreme court will make their decision at a later date, but I'd like to think that this is just the last desperate attempt of a vicious killer to escape his just punishment and that the court will be quick in crushing this man's last hopes.
For those of you who don't recall the case, Victorino was angry because one of the victims took his Xbox and clothing from her grandparents vacant home, where he had been squatting, so he crept into her home and bludgeoned her and five others to death with baseball bats as they lay sleeping in bed.
Supreme Court hears death sentence appeal in Xbox slayings [AP]








Comments
What a terrible waste of life.
Death > prison without video games.
I'm with the lawyer on this one. I believe all criminals should have their own trials.
I'm also for the criminals getting punished for their crimes, so if he wins his appeal I hope he's tried and fried (or imprisoned).
Oh yeah, tell me how video games makes you want to do something as horrible as this again? I'm sorry, but this person needs to have a seat in "Old Sparky" for a few minutes.
He deserves what he gets.
Sigh. Things like this make me wish for old school capital punishment. IE shoot them and charge their family for the bullet. Wasting my damn money on death row and electricity for old sparky pisses me off.
This is crazy. Kill 5 people - pay the price. Especially for something as inane as this was.
Also, since when do killers get adjectives realtive to their viscosity? (sorry, couldn't help it)
As a fictional lawyer, my question here is, is it possible to somehow tie this to the current Grand Theft Auto 4 mania? It does feature a baseball bat, after all. If we can prove this guy owned a copy of the Xbox port of San Andreas and we're set! Let freedom ring.
They are using air that higher organisms (read cockroaches) could be using. Seriously, they got their trial and by all accounts it proved to the jury without a doubt premeditated murder.
@NES8bt:
Since the Boston Molasses Disaster [en.wikipedia.org]
I must say that not knowing all of the facts, I would support such an appeal on psychiatric grounds. I, for one, believe that mental health issues are too often ignored by society, and I really do not want the state executing people with genuine mental illness.
I can't get past...
"The three man..."
just can't get over the incorrectness.
Execution? Holy crap, I'm happy I live in a country where death sentences aren't given. Nobody deserves that.
Although terrible i dont think saying that all of them should be murderd themselves is very humane...
@themunk: Bah with what they call mental illness these days the average joe walking on the street has at least 3 'conditions.' Now if you'll excuse me I must wash everything in my house twice after I finish staring at my neighbors.
death sentence is just punishment?
sometimes you americans make me really sick..
The man should never step outside of a jail again. However, I am surprised by the ease with which both the writer and the commentators dole out death to a human being. Removing life from the criminal does not restore the lives of the victims and it does not serve justice. This opinion is not based on religious beliefs but rather on a personal belief that no human being or group of individuals have the right to end the life of a living human being. Further, I do not believe in a righteous afterlife in which people are punished for their actions (i.e., hell). When the criminal in this case is put to death he will simply cease to be. Is this punishment truly justice? Forcing the individual to live the remainder of his days confined in a jail environment is a far more fitting punishment. You could hold the opinion that jail is not punishment enough for these individuals because of the introduction of televisions, exercise yards, and other such amenities. I would agree that many of these things should not be supplied but the answer to our mutual disappointment with correctional centers is not capital punishment.
I can't say I feel murdering a person is ever justifiable, even if it was decided by a jury. Execution is ethically questionable at best, costs more after appeals than life in prison, and has never been shown to actually deter criminals from murdering others. Juries also have a disturbing tendency to send more minorities to death row than whites and there are far too many cases of individuals found to be not guilty of the crime after the execution for my tastes.
@little_dragon: What would you do? I mean you obviously have some high and mighty just punishment for someone who brutally took 6 lives considering you purposely left it out of your message as to dangle us in suspense.
I remember when this took place, and I don't remember ever hearing about trying to blame games themselves. It obviously made big headlines, for it went down outside of Orlando, and Mickey Mouse does not approve of murder.
C'mon, give Old Smokey(The nickname of Florida's elctric chair) some action.
@skrame ☆: You only get a separate trial if you and your codefendants have mutually antagonistic defenses or (more rare) evidence introduced would be unfairly prejudicial to one defendant but not the other. To do otherwise would be a waste of the court's time, because almost invariably the bulk of the evidence is relevant for both defendants, as is that examination by each defendants' counsel.
The other, more subtle reason is to promote the truth. If two defendants are in separate trials, they may be inclined to embellish their testimony (if they give it) to maximize the other defendant's role in the crime. Two scenarios can play out: 1) both play up the other, jury believes defendant, each is acquitted because each jury thought the other would convict the right man, or 2) both juries think the defendants are huge liars, and both are penalized disproportionately because they can't weigh the defendants' testimony properly. (I must note, saying "my friend did it" is not mutually antagonistic)
So, by trying the defendants together you are giving the jury better tools to find the truth and saving a lot of judicial time.
@battra92: The jury could have been improperly instructed, the prosecutor could have behaved improperly to the point of creating prejudice, the psychiatric evaluation could have been improperly performed . . . appeals generally affirm verdicts, but that doesn't mean they're not a good thing.
@themunk: If he raised an insanity or (I think they have this in FL) asked for a lesser offense based on mental illness, he would have had a thorough psychiatric evaluation. That definitely would have been weighed as mitigation at sentencing.
@Salen, hunter8man, NES8bt: Don't be so quick to deal out death in judgment. Even if we are completely sure someone committed a vicious murder, what does killing the defendant accomplish? The victim is still dead, and instead of barely seeing their relative, the family and friends of the defendant will now never see him again. That's not really justice, it's more enforced equality in misery. I like to think justice is more honorable and nuanced than that.
@Psy: Just saying, by the way I don't support death sentences either, but if death sentences go against religion, why is it that most states that still give death sentences are the southern states that are heavy on religion?
"The supreme court will make their decision at a later date, but I'd like to think that this is just the last desperate attempt of a viscous killer to escape his just punishment and that the court will be quick in crushing this man's last hopes"
I'm very disappointed, I thought journalism was supposed to be objective.
This kind of comment sure isn't, especially on the internet where you know you're going to be read by people from lots of different countries. Most of them don't have the same prison/justice system as America and don't abide the death penalty.
Kotaku, you disappoint me.
I am against the death sentence as well, but this man brutally murdered 5 people in their sleep and their two dogs.
Its at moments like this where your driven by natural human instincts and the chair seems justifiable.
At least punish the man in severity that he would wish for a death sentence.
On another note, some of you take death very lightly. It does a job on you when you saw it on a daily basis. While you guys are internet-thugging, I had to watch thousands of kids without limbs, getting cut down in the field, just out of tribal tensions.
Just think for a minute before spewing your bile.
Capital punishment is idiotic. Forgetting the fact that people are occasionally wrongly convicted and the fact that it is paradoxical to have a law giving the government the right to kill someone because that individual broke the law, I can't imagine a worse punishment than spending 60 years with no freedom.
Yes, being put to death is bad punishment, but the criminal only has to deal with 5-10 years of death row relying on religion or whatever for comforting solace that he'll have his freedom back again soon. Instead, let the bastards rot for decades. Think for a second how demoralizing it would be to know that for the rest of your long life, you won't be allowed to do anything you enjoy. Forget going out on the weekends, forget being in love, forget video games, forget all of it.
Your life is over once you get a life sentence. Real punishment is keeping your mind alive to think about that fact for years and years.
@little_dragon: "You Americans"? Don't blame the entire population on what few individuals believe in. Besides, just because you don't agree with doesnt make them despicable. One could think you and your entire population males them sick based on your judgement/ignorance.
I actually think that spending one's entire life in prison would be harsher than being put to death
@Pata-pwn(TM?): Because (caution: generalization alert) fire-and-brimstone Christians tend to use the Bible as a weapon to justify their prejudices and protect themselves from insecurities. What better weapon than quoting "eye for an eye" in the Old Testament to justify the primal instinct to kill? The things that Jesus said in the New Testament are only relevant when they give these people the right to feel morally superior and the security of a ticket to heaven.
Working in the Siberian uranium mines is too good of a fate for these three.
What would drive a man to kill another human being over such insignificance? Many would say some people are just evil or the devil made him do it. But to be honest I pretty much think the Native American Indians hit the nail on the head with the lore of the two wolves inside us. Every one is capable of doing the unthinkable. It's all a matter of which wolf will we feed the most.
Wow, dumb move on the lady, taking his stuff, should have let the law handle that. It's terrible thing...He should get what he deserve. The chair with the rest of his friends.
@Silverwolf: I like that story a lot. This is certainly true for me. Thanks for the insight!
This was back in 2006 and they're still fighting over this! The American judicial system is effectively drowning itself in its own policies and loopholes.
Recidivism in the United States is now at 68.5%. That means over two-thirds of all individuals released from jail are arrested again within 3 years, most of them WANT to go back to jail. Why, because they have everything they need, FOR FREE, in prison. They have free health care, free cable TV, free internet, free food, free living quarters, free educations, free books, free workout equipment and now they even have jobs selling furniture, web coding or any other number of jobs.
Don't be ignorant to the fact that the prison system is a failure and that people like these guys cannot be saved or rehabilitated. They murdered these poor people in cold blood over some personal items and the thirst for revenge. Why should they be given the chance to live any longer than their victims have? Had this happened to any of your family members, wives, kids, etc. I highly doubt you would want any thing less than for them to die. If someone brutally murdered on of my children, beating them to death with a bat, I would want to kill them myself....or I could let justice be served and let a jury decide that for me. Thank god juries have the power to do that.
@Pata-pwn(TM?): Yea, I'm sorry. I know that a lot of very different people live in the united states and I shouldn't have said that.
But I have to correct you: It's not just a few individuals in america who are in favor of the death sentence, it's the majority of the populace.
Death sentence is a very barbaric thing and stems of a very primitive and tribal desire for revenge and not from any wish to change things about your society to mimize the danger of such crimes happening.
@KillerBee: So because your prison system and juidical system are failures, you'd rather let society murder human beeings?
@little_dragon: How is the judicial system a failure here? They were tried, found guilty, and convicted appropriately. The only failure of the system is now these assholes can sit in prison enjoying the great life provided to them by tax payers for the next 15 years. The families of the victims, who all pay taxes, will actually be providing the services I detailed above for the people that killed their loved ones. Why? Because of self-righteous people like you that somehow rationalize the death penalty is "society murdering human beings"
@KillerBee:
Recidivism in the United States is now at 68.5%. That means over two-thirds of all individuals released from jail are arrested again within 3 years, most of them WANT to go back to jail. Why, because they have everything they need, FOR FREE, in prison. They have free health care, free cable TV, free internet, free food, free living quarters, free educations, free books, free workout equipment and now they even have jobs selling furniture, web coding or any other number of jobs.
Recidivism is lower (50%) in the UK than US. We do not have the death penalty, and the tabloids frequently claim our prison system is too soft (and it's already threatened by overcrowding forcing early release schemes). This improved rate is frequently attributed to a focus on rehabilitation and training.
Perhaps the US' problem lies in societies problems? I somehow doubt anyone prefers jail to freedom, otherwise surely we'd have hobo riots reported every week in the states. But I also realise it's easier to blame criminals on the whole as being simply deficient, rather than as a symptom of hard-to-address social inequalities.
Don't be ignorant to the fact that the prison system is a failure and that people like these guys cannot be saved or rehabilitated. They murdered these poor people in cold blood over some personal items and the thirst for revenge. Why should they be given the chance to live any longer than their victims have? Had this happened to any of your family members, wives, kids, etc. I highly doubt you would want any thing less than for them to die. If someone brutally murdered on of my children, beating them to death with a bat, I would want to kill them myself....or I could let justice be served and let a jury decide that for me. Thank god juries have the power to do that.
So, what if a member of your family was wrongly convicted and executed? What would be the appropriate price in murder (because that is exactly what the execuation of an innocent person is, whether by state or individual) to pay?
Me, I can't help but remember an anecdote from South Africa, of a death row convict bemoaning the abolition of the death penalty as he now had to look forward to a long, long time behind bars.
@KillerBee: The only failure of the system is now these assholes can sit in prison enjoying the great life provided to them by tax payers for the next 15 years.
The 'great life'? Are you sure that isn't screaming tabloid frenzy-speak?
@KillerBee: That's what I don't get too...with all the ammenities of prison, who needs vacation. Who wouldn't want to be there? Shoot if I have cancer or soemthing I'd kill someone just to get free healthcare...it's a fucked up system. Maybe the lady didn't think the law could do anything for her that's why she took his belongings...hmm...sad story.
My house was robbed a while ago...I swear that if I find those guys...I'd tie them up and whack them with a bat before I call the cops. That's how pissed I am.
@aldo_14: US prisons are far more "comfortable" than prisons in South Africa and probably the UK for that matter (but I'll admit I know nothing of the UK prison system).
The point is, for many prisoners, jail is a MUCH better alternative to working a crappy job for a meager living. In prison they have everything they'll ever need, for free.
Our prison system is beyond broken. They focus too much on catering to their needs rather than punishing them for their crimes. Prisoners should get 3 meals, a bed, basic medical care, four walls and an hour a day to go walk outside in a circle. That's it. No TV, internet, games, etc. They should spend every second in jail regretting being there and wanting to get out. A 68.5% recidivism rate leads me to believe the contrary is happening.
@KillerBee: "The only failure of the system is now these assholes can sit in prison enjoying the great life provided to them by tax payers for the next 15 years."
Have you been ever been in prison in order to say that it's "a great life"?And if IT IS a great life then they should try to make it less "great" but i don't think that this justifies the death sentence.I say put someone for life in prison giving him only the basic is enough of a sentence.Maybe by the end of his life he/she finally leaves the past behind and becomes a better person,i mean that's the purpose of a prison isn't it?
Death Penalty is a sorry excuse for a faulty prison system.If the system starts working properly you don't need the death penalty.
Life in prison over death penalty; Life in prison would be more acceptable if they ever bring back the days when you would be shackled and force to do something productive like build some roads (heavy labor, period). The kind of shit that would make you think twice before committing a crime. Then I'm all for it.
@badmoogle: "Death Penalty is a sorry excuse for a faulty prison system.If the system starts working properly you don't need the death penalty."
I agree to a point, but there should always be a death penalty option for certain crimes. Premeditated murder being one.
@KillerBee:
Prison should be a punishment, and for the majority of people who repeatedly find themselves there, it's a paradise, I agree with that. I guarantee that if our prisons were ever properly reformed to this ideal, we would be swamped with accusations of "inhumane" treatment. It's insane.
Hell, we're building shiny new prisons right NOW, to the tune of Billions (capitol B intended).