The Commission on Capital Cases updates thisinformation regularly.  This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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, discoveredthat Troy Victorino and Jerone Hunter were occupying her grandmother’s housewithout permission. So, she contacted the police about their activity. The nextday she also reported that items were missing from the house.

On the night of 07/31/04, around midnight, Victorino showedup at Belanger’s house on Telford Lane to request that his belongings, one ofthem being an Xbox gaming system, be returned to him, since he believed thatBelanger had taken them. Shortly after, he left her residence to report thetheft to the police. The officer needed a list of the stolen property, whichangered Victorino and prompted him to decide to take care of things himself.Victorino then went with Brandon Graham and codefendents Michael Salas andRobert Cannon, and several young women to Belanger’s house to fight her. Theyleft 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 metVictorino and Hunter at their residence to discuss how they would reclaim theirbelongings from Belanger. Victorino had planned to beat the victims to death, aplan 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 preparationfor the subsequent murders. Graham did not participate in the murders. Aroundmidnight, a witness spotted Victorino, Salas, Cannon, and Hunter near the victims’residence on Telford Lane.

The bodies of Belanger, Ayo-Roman, Jonathon Gleason, RobertoGonzalez, 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 todeath with baseball bats and had sustained cuts to their throats. Victorino hadalso sexually abused Belanger’s body using a baseball bat. Footwear impressionslinked to Victorino’s shoes were found on the door, two playing cards, a bedsheet, and a pay stub. Belanger’s pet dachshund was reportedly stomped to deathin the attack.

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

Codefendant Information:

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

Michael Salas was sentenced to life imprisonment

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

Prior Incarceration History in the State of Florida:

Trial Summary:

08/23/04         Indicted as follows:

CountI:           Obstruction ofCrime Investigation

CountII:         First-Degree Murder (ErinBelanger)

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

CountIV:        First-Degree Murder (JonathonGleason)

CountV:         First-Degree Murder (RobertoGonzalez)

CountVI:        First-Degree Murder (MichelleNathan)

CountVII:      First-Degree Murder (Anthony Vega)

CountVIII:     Abuse of Dead Human Body with Weapon

Count IX:       Abuse of Dead Human Body with Weapon

CountX:         Abuse of Dead Human Bodywith Weapon

CountXI:        Abuse of Dead Human Body withWeapon

CountXII:      Abuse of Dead Human Body with Weapon

CountXIII:     Armed Burglary of a Dwelling with a Weapon

CountXIV:     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 CountIV, and 9-3 for Count V

09/17/06         Sentenced as follows:

CountI:           Obstruction ofCrime Investigation – 10 years

CountII:         First-Degree Murder – Death(Erin Belanger)

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

CountIV:        First-Degree Murder – Death(Jonathon Gleason)

CountV:         First-Degree Murder – Death(Roberto Gonzalez)

CountVI:        First-Degree Murder – Life(Michelle Nathan)

CountVII:      First-Degree Murder – Life (Anthony Vega)

CountVIII:     Abuse of Dead Human Body with Weapon – 30 years

CountIX:        Abuse of Dead Human Body withWeapon – Acquitted

CountX:         Abuse of Dead Human Bodywith Weapon – Acquitted

CountXI:        Abuse of Dead Human Body withWeapon – Acquitted

CountXII:      Abuse of Dead Human Body with Weapon –Acquitted

CountXIII:     Armed Burglary of a Dwelling with a Weapon –Life          

CountXIV:     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 Courton 10/23/06, citing the following issues: (1) Denial of pretrial motion tosuppress DNA samples; (2) Denial of motion to suppress physical evidence seizedfrom defendant’s residence; (3) Denial of motion to separate trial from twocodefendants; (4) Admission of evidence of uncharged misconduct; (5) Juryinstructional error; (6) Change of trial venue; (7) Denial of request foradditional peremptory challenges; (8) Denial of motion for mistrial whencodefendant 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 premeditatedaggravator; (13) Mental health mitigator; (14) Proportionality of deathsentence; (15) Constitutionality of death sentence. Oral Arguments were held on02/03/09. The Florida Supreme Court affirmed the conviction and sentence on11/25/09. A mandate was issued on 12/17/09. A motion for rehearing (pro se) wasfiled on 01/11/10 and was stricken on 01/21/1.

Victorino filed a 3.851 Motion in the State Circuit Court on12/09/10. This case is currently pending.

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Report Date:  12/03/09          EMJ

Approved:      12/07/09         RM

Updated:        03/15/11         EMJ