The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

Victorino, Troy (H/M)

DC#     898405

DOB: 12/11/76

 

7th Judicial Circuit, Volusia County Case # 04-1378-CFAWS

Sentencing Judge: The Honorable Bill Parsons

Attorney, Trial: Michael Nielsen and J. Jeffery Dowdy – Private

Attorney, Direct Appeal: J. Jeffery Dowdy – Private

Attorney, Collateral Appeals: Christopher Anderson – Registry

 

Date of Offense: 08/06/04

Date of Sentence: 09/17/06

 

Circumstances of Offense:

 

On 07/30/04, Erin Belanger, one of the victims, discovered that Troy Victorino and Jerone Hunter were occupying her grandmother’s house without permission. So, she contacted the police about their activity. The next day she also reported that items were missing from the house.

 

On the night of 07/31/04, around midnight, Victorino showed up at Belanger’s house on Telford Lane to request that his belongings, one of them being an Xbox gaming system, be returned to him, since he believed that Belanger had taken them. Shortly after, he left her residence to report the theft to the police. The officer needed a list of the stolen property, which angered Victorino and prompted him to decide to take care of things himself. Victorino then went with Brandon Graham and codefendents Michael Salas and Robert Cannon, and several young women to Belanger’s house to fight her. They left early, however, when a resident of the house, Francisco “Flaco” Ayo-Roman, shouted that the police were there.

 

On the morning of 08/04/04, Graham, Salas, and Cannon met Victorino and Hunter at their residence to discuss how they would reclaim their belongings from Belanger. Victorino had planned to beat the victims to death, a plan that was based on the actions of the characters in the movie Wonderland. They dropped off Graham on the way to get a change of clothes in preparation for the subsequent murders. Graham did not participate in the murders. Around midnight, a witness spotted Victorino, Salas, Cannon, and Hunter near the victims’ residence on Telford Lane.

 

The bodies of Belanger, Ayo-Roman, Jonathon Gleason, Roberto Gonzalez, Michelle Nathan, and Anthony Vega were discovered Friday morning, 08/06/04, by a coworker of two of the victims. The victims had been beaten to death with baseball bats and had sustained cuts to their throats. Victorino had also sexually abused Belanger’s body using a baseball bat. Footwear impressions linked to Victorino’s shoes were found on the door, two playing cards, a bed sheet, and a pay stub. Belanger’s pet dachshund was reportedly stomped to death in the attack.

 

Victorino was arrested the day after on a probation violation. Cannon’s SUV, which was used for transportation during the crime, was recovered, and sunglasses belonging to Ayo-Roman were found in the car along with glass from a lamp at the victims’ house. Both Salas and Hunter cooperated with the police and described their roles in the murders. Salas directed the police to a retention pond where the bats had been hidden. The police were able to recover the evidence. A knife handle and bloody knife blade were also recovered from the crime scene.

 

Codefendant Information:

 

Jerone Hunter also received a death sentence for the first-degree murders of Gleason, Gonzalez, Nathan, and Vega.

 

Michael Salas was sentenced to life imprisonment

 

Robert Cannon accepted a life sentence in exchange for his testimony, though he later refused to fully testify at trial.

 

Prior Incarceration History in the State of Florida:

 

 

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

12/07/1992

GRAND THEFT MOTOR VEHICLE

11/03/1993

VOLUSIA

9300042

4Y 0M 0D

12/07/1992

ARSON,WILLFUL DAMA.STRUCT.

11/03/1993

VOLUSIA

9300042

4Y 0M 0D

01/07/1993

GRAND THEFT MOTOR VEHICLE

11/03/1993

VOLUSIA

9300109

4Y 0M 0D

02/06/1993

GRAND THEFT,$300 LESS &20,000

11/03/1993

VOLUSIA

9300153

4Y 0M 0D

03/19/1993

BURGUNOCCSTRUC/CV OR ATT.

11/03/1993

VOLUSIA

9300454

4Y 0M 0D

04/02/1993

GRAND THEFT MOTOR VEHICLE

11/03/1993

VOLUSIA

9300454

4Y 0M 0D

12/07/1992

GRAND THEFT MOTOR VEHICLE

09/30/1996

VOLUSIA

9300042

5Y 0M 0D

12/07/1992

ARSON,WILLFUL DAMA.STRUCT.

09/30/1996

VOLUSIA

9300042

15Y 0M 0D

01/07/1993

GRAND THEFT MOTOR VEHICLE

09/30/1996

VOLUSIA

9300109

5Y 0M 0D

02/06/1993

GRAND THEFT,$300 LESS &20,000

09/30/1996

VOLUSIA

9300153

5Y 0M 0D

03/19/1993

BURGUNOCCSTRUC/CV OR ATT.

09/30/1996

VOLUSIA

9300454

5Y 0M 0D

04/02/1993

GRAND THEFT MOTOR VEHICLE

09/30/1996

VOLUSIA

9300454

5Y 0M 0D

03/27/1996

AGG BATTERY INTENDED HARM

08/20/1997

VOLUSIA

9601737

5Y 0M 0D

03/27/1996

GRAND THEFT MOTOR VEHICLE

08/20/1997

VOLUSIA

9601737

5Y 0M 0D

 

 

Trial Summary:

 

08/23/04          Indicted as follows:

Count I:           Obstruction of Crime Investigation

Count II:         First-Degree Murder (Erin Belanger)

Count III:        First-Degree Murder (Francisco “Flaco” Ayo-Roman)

Count IV:        First-Degree Murder (Jonathon Gleason)

Count V:         First-Degree Murder (Roberto Gonzalez)

Count VI:        First-Degree Murder (Michelle Nathan)

Count VII:      First-Degree Murder (Anthony Vega)

Count VIII:     Abuse of Dead Human Body with Weapon

Count IX:        Abuse of Dead Human Body with Weapon

Count X:         Abuse of Dead Human Body with Weapon

Count XI:        Abuse of Dead Human Body with Weapon

Count XII:      Abuse of Dead Human Body with Weapon

Count XIII:     Armed Burglary of a Dwelling with a Weapon

Count XIV:     Cruelty to Animals

07/25/06          Jury returned guilty verdicts on 10 counts of the indictment

08/01/06          Jury recommended death by a vote of 10-2 for Counts II and III, 7-5 for Count IV, and 9-3 for Count V

09/17/06          Sentenced as follows:

Count I:           Obstruction of Crime Investigation – 10 years

Count II:         First-Degree Murder – Death (Erin Belanger)

Count III:        First-Degree Murder – Death (Francisco “Flaco” Ayo-Roman)

Count IV:        First-Degree Murder – Death (Jonathon Gleason)

Count V:         First-Degree Murder – Death (Roberto Gonzalez)

Count VI:        First-Degree Murder – Life (Michelle Nathan)

Count VII:      First-Degree Murder – Life (Anthony Vega)

Count VIII:     Abuse of Dead Human Body with Weapon – 30 years

Count IX:        Abuse of Dead Human Body with Weapon – Acquitted

Count X:         Abuse of Dead Human Body with Weapon – Acquitted

Count XI:        Abuse of Dead Human Body with Weapon – Acquitted

Count XII:      Abuse of Dead Human Body with Weapon – Acquitted

Count XIII:     Armed Burglary of a Dwelling with a Weapon – Life          

Count XIV:     Cruelty to Animals – 10 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 06-2090

23 So.3d 87

 

10/23/06          Direct Appeal filed

02/03/09          Oral Arguments held

11/25/09          FSC affirmed conviction and sentence

12/17/09          Mandate issued

01/11/10          Motion for Rehearing filed (pro se)

01/21/10          Motion stricken

 

State Circuit Court – 3.851 Motion

CC# 04-1378

(Pending)

 

12/09/10          Motion filed

 

Case Information:

 

Victorino filed a Direct Appeal in the Florida Supreme Court on 10/23/06, citing the following issues: (1) Denial of pretrial motion to suppress DNA samples; (2) Denial of motion to suppress physical evidence seized from defendant’s residence; (3) Denial of motion to separate trial from two codefendants; (4) Admission of evidence of uncharged misconduct; (5) Jury instructional error; (6) Change of trial venue; (7) Denial of request for additional peremptory challenges; (8) Denial of motion for mistrial when codefendant testified; (9) Denial of motion for judgment of acquittal; (10) Denial of due process during arrest and service of warrant; (11) Heinous, atrocious, and cruel aggravator; (12) Cold, calculated, and premeditated aggravator; (13) Mental health mitigator; (14) Proportionality of death sentence; (15) Constitutionality of death sentence. Oral Arguments were held on 02/03/09. The Florida Supreme Court affirmed the conviction and sentence on 11/25/09. A mandate was issued on 12/17/09. A motion for rehearing (pro se) was filed on 01/11/10 and was stricken on 01/21/1.

 

Victorino filed a 3.851 Motion in the State Circuit Court on 12/09/10. This case is currently pending.

 

 

________________________________________________________________________

 

Report Date:   12/03/09          EMJ

Approved:      12/07/09          RM

Updated:        03/15/11          EMJ