ORLANDO, Fla. – The trial for a man charged with killing his elderly neighbor and setting her home on fire started continues Tuesday.
Juan Rosario, 29, is accused of killing 83-year-old Elena Ortega in September 2013. Deputies said Ortega was found with serious injuries, Rosario set fire to her home to cover up the crime.
Ortega died of blunt-force trauma to the head, according to the medical examiner’s office.
Rosario is charged with first-degree murder and arson.
The death penalty case is one of the close to two dozen first-degree murder cases taken away from State Attorney Aramis Ayala after she said she would not pursue the death penalty.
It’s the first to go to trial since Gov. Rick Scott removed her from those cases.
Neighboring State Attorney Brad King was appointed by Scott to oversee 23 death penalty cases as a special prosecutor.
King announced last week that he intends to seek capital punishment for Rosario.
Rosario sat silent in the courtroom Monday.
After opening statements Monday there were several people who took the stand including a fire rescue member who worked the case and a forensic pathologist to go over Ortega’s autopsy.
Also among testifying was Ortega’s daughter, who talked about the last time she spoke with her mother.
"I would call her every night and there were things that we would go through," Eleana Wilson said. "‘Mom, did you lock the door?' 'Did you put (on) the chain,’ you know, and ‘Did you leave the light on’ and make sure that she was going to be OK in that house by herself. Every single day."
Detective Nicholas Incontrera with the State Fire Marshal testified and said the investigation showed that three fires were started in Ortega’s home, all independently ignited.
Sara Zydowicz, the medical examiner who performed Ortega’s autopsy, testified that the victim had injuries to her brain, fractures to the skull by a blunt force.
She said Ortega was likely still alive when the fire was lit, because of evidence of soot in her nostrils.
Court wrapped up Monday before 4:30 p.m. and will continue Tuesday at 9 a.m.