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Why a man once on death row for killing a St. Lucie County deputy is back in court

WPTV has been reporting on the resentencing of Eriese Tisdale and the death of Sgt. Gary Morales for over a decade
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ST. LUCIE COUNTY, Fla. — Opening statements were heard Monday in the resentencing trial for a man who shot and killed a St. Lucie County deputy more than a decade ago.

A jury will determine if Eriese Tisdale should again be sentenced to death, or to life in prison without the possibility of parole, for the death of Sgt. Gary Morales in 2013.

Jurors heard the last radio transmissions of Morales today during court.

On Feb. 28, 2013, Tisdale shot and killed Morales following a traffic stop. The shooting is not in question.

WATCH: Family, friends honor St. Lucie County deputy killed 10 years ago

Family, friends honor life of St. Lucie County Sheriff's Office Sgt. Gary Morales

However, Florida’s changing laws with regards to the death penalty led to this resentencing trial.

Tisdale was initially sentenced to death in 2016, but the Florida Supreme Court ruled in 2018 he could get a new sentencing hearing, because changes in the law then required a unanimous jury vote.

Last year, after Nicholas Cruz did not get the death penalty for the Parkland school shooting massacre, Gov. Ron DeSantis signed a law that set an 8-4 supermajority decision as the standard now for a jury to recommend the death sentence.

“This defendant decided that his freedom was more important than the life of Sgt. Gary Morales," said Assistant State Attorney David Dodd in his opening statement.

WATCH: Resentencing ordered for Eriese Tisdale 

Resentencing for 'cop killer' who shot Sgt. Gary Morales could reverse death penalty

Dodd said the state would prove the “aggravating factors” that merit the death penalty.

He said Tisdale’s choice to kill Morales before the 13 year-veteran even had a chance to get out of his vehicle showed this was a “cold, calculated, pre-meditated murder.”

“Nothing you can do can bring back Sgt. Morales, but you can save this life if you choose," said Public Defender Stanley Glenn, referring to his client.

Glenn told the jury that we are all the sum of our experiences.

He said Tisdale had a rough upbringing, previous run-ins with law enforcement, and that he will prove that Tisdale suffers from brain damage.

The state put on their first witness Monday and it hopes to wrap up their case by the middle or end of this week.

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