Luis Toledo: Judge scolds Deltona man convicted of 3 murders

ST. AUGUSTINE, Fla. — Testimony continued Thursday in the sentencing phase of a 35-year-old Deltona man who was convicted Friday of killing his wife and his two stepchildren.

Jurors must decide whether to recommend to a judge that Luis Toledo be sentenced to death or life imprisonment for the murders of Thalia Otto, 9, and Michael Otto, 8.

Toledo was convicted of killing Yessenia Suarez, 28, who disappeared from their Deltona home in October 2013. Their bodies were never found.

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Deputies said Toledo confessed to killing Suarez, but he denied killing her children.

Toledo's attorneys are asking for life imprisonment without parole.

Judge Raul Zambrano addressed Toledo first thing in court Thursday about hand gestures he made to the cameras Wednesday.

"There was a certain number of hand gestures picked up by some camera. Number one, it's an unwelcome distraction for this trial, and it's a security violation," Zambrano said.

An official with the state attorney's office said they analyzed Toledo's hand gestures and that it appears he was saying, "Go ahead, just do it." But at this point, it's unclear who he was making the hand gestures to.

Meanwhile, prosecutors said Toledo felt the children were a burden hindering him from freedom when his marriage was falling apart. They said he killed the children to get rid of witnesses.

The children's father testified in court Wednesday.

"Such a creative, beautiful mind; full of love and life," he said of his son. "His funny face and cute smile could lighten up a room."

Felecita Perez, Suarez's mother, was also in court Wednesday.

"I miss singing 'Happy Birthday' on their birthdays," she said.

Toledo's attorneys said that they couldn't excuse his actions, but said there were factors in Toledo's life that contributed to his behavior and that he had abnormal brain and psychiatric problems that were consistent with a brain injury.

Prosecutors countered with their own doctor, who said analyzing brain scans is great for research, but not reliable for a diagnosis.

Toledo told the judge he doesn't want his lawyers to argue against the death penalty.

The jury must be unanimous in its decision. The judge has the final say should the jury recommend Toledo be sentenced to death.

Cox Media Group