The retrial of Troy Victorino and Jerone Hunter in Deltona's Xbox mass murder began Tuesday with prosecutors' asking to delay the trial.

Prosecutors appealed the judge's denial of its request to use the state's new death penalty statute, which was signed on Thursday. The new law requires eight of the 12 jurors to recommend death.

However, when jury selection began in the proceedings, it required a unanimous jury recommendation. The new law was signed the same day the court and attorneys finished selecting 15 jurors including three alternates to hear the case against the two men.

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Victorino, 46, and Hunter, 35, were already convicted and sentenced to death for the 2004 Xbox mass murder in Deltona. Two other men were sentenced to mandatory life in prison.

Victorino's and Hunter’s guilt is not at issue, only how they will pay for their crimes.

Killed in the massacre were Erin Belanger, 22; Michelle Nathan, 19; Roberto "Tito" Gonzalez, 28; Jonathan Gleason, 17; Francisco "Flaco" Ayo-Roman, 30; and Anthony Vega, 34. A dog was also killed.

Medical examiner testifies

Assistant State Attorney Heatha Trigones questioned James Fulcher, the Volusia County's chief medical examiner, who reviewed the six victims' autopsies.

Fulcher said all died from blunt force trauma. He described skull fractures on the victims as well as stab wounds.

Fulcher used a plastic model of a human skull to illustrate the fractures to jurors the fractures. Some of the skull fractures were what Fulcher called “hinge fractures;” such fractures divide the skull into two sections.

He said some of the wounds occurred as the victims were near death or dead. Fulcher said all the victims had defensive wounds.

Trigones asked him if the injuries would have been painful.

Fulcher said yes, assuming the victims were conscious. He said the defensive wounds indicated the victims were still alive.

During cross-examination, defense attorney Allison Miller, who represents Hunter, noted Fulcher did not perform the autopsies and was relying on information from the previous medical examiner.

Opening statement in the Xbox trial

Assistant State Attorney Andrew Urbanak made his opening statement to the 15-member jury. The jury has nine women and six men. Three of the jurors are alternates.

Urbanak said the killings happened over property. Victorino had been living in a house owned by Belanger’s family but had been told to leave. Victorino was angry that he had not gotten some of his property, including an Xbox.

Victorino had gone to Belanger’s house on Telford Lane and demanded his property. Belanger told him she would find and return the items.

Urbanak recounted how Victorino was at another man’s house several days later when he brought up a movie called "Wonderland" in which a group of men armed with pipes killed another group. The plot against the people on Telford Lane grew from there.

Urbanak said Victorino and Hunter and the other two men armed themselves with aluminum baseball bats. Victorino told the others the layout of the house on Telford Lane and said it would be easier to kill the victims if they split up.

The four then burst into the house, split up and attacked the six victims. The sound of the metal bats hitting flesh was heard over and over and over again in the house, Urbanak told jurors.

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Before the attack, Hunter had suggested they wear masks but Victorino said that would not be necessary because they would not leave anyone behind to identify them, Urbanak told jurors.

Hunter found Nathan hiding in a closet. She begged for her life, but Hunter stabbed her in the chest. When she screamed, he hit her in the head with the baseball bat, Urbanak said.

Victorino's and Hunter’s defense attorneys said they would reserve their opening statements.

Request to delay Xbox murder penalty phase retrial denied

Circuit Judge Randell Rowe denied prosecutors' request to use the new law.

On Tuesday, Assistant State Attorney Andrew Urbanak asked Rowe to delay the trial so prosecutors could appeal that decision.

Rowe said the trial had been delayed enough and denied Urbanak’s request to stay the proceedings.

Rowe in 2016 cited a Florida Supreme Court ruling in overturning the death sentences against Victorino and Hunter. Theirs were among a number of death sentences overturned by different courts related to the ruling.

This article originally appeared on The Daytona Beach News-Journal: Medical examiner testifies in Deltona Xbox murders penalty phase retrial