Published: Oct 22, 2013 10:39 PM EDT
Updated: Oct 22, 2013 10:49 PM EDT

EAST NAPLES, Fla -- An East Naples landlord remains behind bars at a Collier County jail accused of gunning down his tenant.

Detectives say Edward Melone, 51, was shot to death Monday in East Naples by Javier Ortoll, 78. Ortoll is in jail facing second-degree murder charges.

The victim's children tell WINK News they saw their father die right before their eyes and they say he did nothing wrong and didn't deserve it.

Melone's family moved into a rental home on Okeechobee Street six weeks ago after putting in time and money to fix it up. They say they were told they could stay in the rental house rent free, in exchange for all that work.

"Before we moved in my step father set up a thing with Javi that we were going to fix up this house because they were about to condemn this house," says Conrad Worthy, Melone's step-son.

Worthy says he and his step dad spent weeks fixing up the house for Ortoll, a distant family member and friend.

"You know, repainting it, putting up the drywall, getting all the black mold out of it," says Worthy. "My step father put about $7,000 into this house before we even moved in."

Worthy says they were told all their time and money spent would be compensated with four months of free rent. "We bought new doors, we bought drywall, we bought all the paint, Javi didn't pay anything."

But he says, last week, Ortoll suddenly started askign for rent money. Melone's other son says, his dad was $200 short and that's why Ortoll shot him to death.

Now the 78 year old is in jail, facing a second degree murder charge, something his family says isn't right.

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

Ortoll will be back in court Wednesday. The jduge is askign for more evidence before moving forward with the second degree murder charges.