Murder defendant Orin Bivens back in court

TAMPA, Fla. - First, Orin Bivens tried to beat murder charges by claiming he was a sovereign citizen and that our laws did not apply to him. Then, after disrespecting the judge a number of times, he was found in contempt of court and got thrown in jail.

Now, it’s up to a jury to decide his fate.

During opening statements, prosecutor Aaron Hubbard said Bivens is a cold-blooded killer.

“This defendant, Orin Bevins, committed second-degree murder," Hubbard told the jury.

Hubbard said on June 2, 2015, Bivens dropped his son off at his ex-wife’s apartment so he could go to school. 

His ex-wife’s new husband, Alfred Sonny Lester, was smoking outside. Hubbard said the two began to argue and it quickly turned violent. 

"The defendant begins firing that handgun next to his truck,” explained Hubbard.

“The defendant is moving as he’s firing the weapon and you’re going to hear why he’s moving,” Hubbard continued. “He is moving because Sonny Lester is running away from him.” 

Hubbard said Bevins fired seven shots. One of them hit Lester in the back of the head and killed him. 

Hillsborough public defender Mike Peacock said Lester was the aggressor and Bevins was just trying to save his own life.

"Mr. Lester began to threaten Mr. Bivens,” Peacock said. “Lester threatened him that he was going to shoot him.”

Twice, Bivens tried to use Florida’s controversial Stand Your Ground defense to win immunity, and twice he lost.