TAMPA (FOX 13) - Investigators say store surveillance video is the smoking gun against defendant Lawrence Bongiovanni.
He's accused of lying in wait in the store bathroom and then attacking and killing a 7 Eleven clerk.
That was nearly four years ago and Bongiovanni still hasn't gone on trial.
In court Thursday he kept interrupting the judge.
"Objection your honor!" he would blurt.
He was facing the death penalty, but not anymore. Prosecutors decided to take it off the table.
Hillsborough Circuit Judge Kimberly Fernandez wanted to make sure all sides were on the same page.
"Are now withdrawing all the motions that you all filed with respect to the death penalty because now it would seem that they are mute?" she asked.
Both prosecutor and defense attorney agreed it was no longer an issue. The original decision to seek the death penalty was made when Mark Ober was state attorney.
But Ober was defeated in November by Andrew Warren who recently said he would seek the death penalty for the worst of the worst.
"The most important thing about the death penalty is that we get it right," said Warren.
When it comes to the worst of the worst, Steven Lorenzo makes the list, according to Warren. Which is why prosecutors will seek the death penalty in his case.
Lorenzo and his partner, Scott Schweickert are accused of torturing, murdering and dismembering two gay men back in 2003.
Schweickert pleaded guilty last year. Lorenzo, who's in federal prison on drug charges, has yet to go to trial for the murders.
As for Bongiovanni, he kept disrespecting the court.
"Objection your honor!" he yelled.
Judge Fernandez fired back.
"No no no no, wait. You can't talk when other people talking," explained Judge Fernandez.
And with that, the judge had heard enough. He was escorted out of the courtroom.