Aug 12, 2004
Deltona Murder Suspect Had Probation Status Downgraded Twice
By Mike Schneider
Associated Press Writer
DELAND, Fla. (AP) - Twice in the past year, the probation classification of an ex-convict arrested in the slayings of six young people was downgraded to low supervision, even though a probation officer had warned in her notes that "this is an extremely dangerous individual."
Troy Victorino was initially given the maximum level of probation supervision when he was released from prison last October after serving six years for battery and probation violation. The maximum level requires the offender to make monthly visits to a probation officer and requires the officer to make monthly checks at the offender's home or work.
But by the end of last May, Victorino's classification was reduced to minimum supervision, which only requires the offender to report to a probation officer monthly, according to Department of Corrections documents obtained by The Associated Press on Thursday.
Victorino, 27, and three teenage co-defendants were arrested on first-degree murder charges for allegedly stabbing and bludgeoning to death six people last Friday in a Deltona house - apparently over an Xbox video game system and clothes.
For Victorino, his first minimum probation classification was short lived. He was accused of violating his probation in a hit-and-run accident and was returned to maximum supervision at the beginning of June. But Victorino returned to minimum supervision for most of the month of July when it was determined he was not the driver and the probation violation charge was dropped.
After he was arrested July 29 for allegedly punching an acquaintance in the face over a car debt dispute and released on $2,500 bond, Victorino's classification returned to the maximum supervision.
The classification downgrades were made even though probation officer Brenda Mintell in her notes in December had written that "this is an extremely dangerous individual." Victorino had three probation officers between October 2003 and August 2004.
Department of Corrections spokesman Sterling Ivey said the downgrading of Victorino to minimum supervision was the result of data entered incorrectly into a computer system that determines the classification based on a point scale.
Even when Victorino was listed at minimum supervision, he actually was given maximum supervision, Ivey said. However, Victorino's case notes show that in the month of July, Victorino only made an office visit to his probation officer and that his probation officer did not make a home check. They spoke on the phone twice and the probation officer spoke with Victorino's employer.
Ivey said he did not know why the information was entered incorrectly, although there were changes made to the computer system earlier in the year.
Victorino's most recent probation officer and three probation supervisors were fired Monday for failing to send papers quickly enough to a judge that could have led to Victorino's re-arrest for violation probation after his July 29 arrest.
Case notes showed that probation officer Richard Burrow submitted the violation of probation report on Wednesday, Aug. 4, but it was returned to him to make corrections that same day. He did not file the paperwork with a judge until two days later, the day the bodies of the murder victims were found.
Victorino, meanwhile, made an office visit to Burrows on Thursday.
"He said he would be moving again soon," Burrows wrote of Victorino in his notes. "Did not mention his new arrest."
The corrections department has clarified its policy because of what happened.
In a memo Wednesday, probation and parole officers were ordered to immediately request the arrest for violation of probation of an offender who is arrested for another felony. A warrantless arrest is required in cases where the offender has a prior history of violence or is a threat to the community, said the memo from R. Beth Atchison, a corrections attorney.
"Our first and primary responsibility is to protect the public," she wrote.
AP-ES-08-12-04 2001EDT
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http://ap.tbo.com/ap/florida/MGBV072KTXD.html