Published: Oct 22, 2013 5:05 PM EDT
Updated: Oct 22, 2013 5:52 PM EDT

COLLIER COUNTY, Fla. - A son of Javier Ortoll didn't want his face shown on camera but said it was traumatic seeing his father in an orange jumpsuit.

"I see an old man that's you know sitting in a wheelchair that shouldn't be in there right now," he said.

He was among a dozen relatives who attended Ortoll's first appearance in a Collier County courtroom.

"We're family so that's what we do, we stick together we come together and support."

Ortoll is charged with killing his tenant, 51 year old Edward Melone. But Ortoll's attorney told me he doesn't think there is enough to charge Ortoll with second degree murder.

"Second degree murder is such a harsh charge, especially when you have a 78 year old handicap individual that is not ambulatory ," said James Zonas.

According to the arrest report, witnesses saw Ortoll yelling at Melone in front of Melone's home. At some point, Melone dropped his phone into Ortoll's van. The report said, "Edward reached in to retrieve the phone and Javier shot Edward once at point blank range."

"The shooting occurred within his car so it wasn't like he went up to somebody and shot them, they were coming to him," said Zonas.

Melonde died of a single gunshot wound to the chest.

Ortoll's lawyer insists his client was trying to protect himself. The judge wants to see more evidence so he's bringing everyone back to court Wednesday.