Jury recommends death penalty for man who murdered 5 women in Florida bank (2024)

A jury on Wednesday recommended a former prison guard trainee be sentenced to death for his execution-style murders offive women inside a Florida bankfive years ago, a massacre that fulfilled his long-stated desire to kill.

Jurors voted 9-3 to recommend Zephen Xaver receive the death penalty for the Jan. 23, 2019, murders at the SunTrust Bank in Sebring, about 85 miles southeast of Tampa.

Xaver, 27, stared straight ahead and showed no emotion as the verdicts were read after the Highlands County jury deliberated for less than three hours.

The final decision rests with Circuit Judge Angela Cowden, who could reject the jury’s recommendation and sentence Xaver to life in prison without parole. She said she will set a sentencing date after a hearing next month.

Undera 2023 Florida law, the jury only had to vote 8-4 favoring the death penalty for Cowden to impose that sentence. State law had required a unanimous jury recommendation for a judge to impose death, but Gov. Ron DeSantis and the Legislature changed it after a 9-3 jury votespared the shooterwho murdered17 peopleat Parkland’s Marjory Stoneman Douglas High School in 2018.

Jury recommends death penalty for man who murdered 5 women in Florida bank (1)

Xaverpleaded guiltylast year to five counts of first-degree murder, negating a planned trial that was delayed for years by the COVID-19 pandemic, legal arguments and attorney illness.

Xaver’s victims included customer Cynthia Watson, 65, just married less than a month; bank teller coordinator Marisol Lopez, 55, a mother of two; banker trainee Ana Pinon-Williams, a 38-year-old mother of seven; bank teller Debra Cook, a 54-year-old mother of two and a grandmother; and banker Jessica Montague, 31, a mother of one and stepmother of four.

He ordered them to lie on the floor and then shot them each in the head as they cried out, “Why?”

Earlier Wednesday, prosecutor Bonde Johnson said in closing arguments that Xaver deserved the death penalty because the massacre was long-planned, “shockingly evil” and fulfilled his yearslong desire to experience killing.

“He didn’t murder one person to truly know what it would be like to kill. He killed five. He watched them laying there on the floor. They were under his control, for his enjoyment, as he shot each one,” she said.

But defense attorney Jane McNeill had urged jurors to spare Xaver, saying he is mentally ill and has been hearing voices since childhood urging him to kill himself and others. He sought help, she said, but never truly got it.

Jury recommends death penalty for man who murdered 5 women in Florida bank (2)

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“We ask you to show Zephen what he may least deserve — compassion, grace and mercy,” McNeill told the panel, her voice breaking as she said “sentencing Zephen to life is the right thing to do.”

During the two-week trial, prosecutors portrayed Xaver as a cold and calculated killer who pretended to hear voices to cover for his violent impulses. His attorneys countered he has long suffered psychotic episodes.

In 2014, Xaver’s high school principal in Indiana contacted police after he told a counselor he dreamed of killing classmates. His mother, Misty Hendricks, promised to get him psychological help. She testified at trial that she stopped his medications at 17 because he seemed to be doing better.

He joined the Army, but was discharged during boot camp in 2016 because of homicidal thoughts. Those thoughts continued.

“It’s all I can think of, it’s all I hear every day and it’s all I see every day. It’s all I smell and taste every day: blood, death and murder. It’s all I have happening 24/7,” Xaver wrote a friend. He made similar posts online.

He moved to Sebring in 2018 and was hired by the local prison but quit after two months. That was the day after he bought his gun and two weeks before the massacre.

The morning of the killings, he had a long text message conversation with a girlfriend, telling her it would be the “best day of his life” but refused to say why.

He finally told her just before entering the bank that he was about to die. He then added “the fun part.”

“I’m taking a few people with me because I’ve always wanted to kill,” he texted.

Afterward, Xaver threatened suicide but eventually surrendered.

Defense witnesses testified Xaver was a quiet, kind child, but struggled in school and then took a dark turn in adolescence.

Melissa Manges, his high school counselor, testified Xaver wanted more extensive help for his disturbing thoughts, but no long-term residential programs accepted him.

“The system failed Zephen,” she said.

Brian Haas, the local state attorney, welcomed the verdict but said in his statement that the focus should be on the victims, “not the monster who committed these crimes.”

“Five women, who were mothers, daughters, sisters, wives, and so much more to so many people, had their lives cut short on that fateful day in January 2019. Their families have suffered so much without them while they waited for justice,” he said.

By TERRY SPENCER, Associated Press

Jury recommends death penalty for man who murdered 5 women in Florida bank (2024)

FAQs

Jury recommends death penalty for man who murdered 5 women in Florida bank? ›

A jury on Wednesday recommended a former prison guard trainee be sentenced to death for his execution-style murders of five women inside a Florida bank five years ago, a massacre that fulfilled his long-stated desire to kill. Jurors voted 9-3 to recommend Zephen Xaver receive the death penalty for the Jan.

Who is eligible for the death penalty? ›

The death penalty can only be imposed on defendants convicted of capital offenses – such as murder, treason, genocide, or the killing or kidnapping of a Congressman, the President, or a Supreme Court justice. Unlike other punishments, a jury must decide whether to impose the death penalty.

Why do juries decide death penalty? ›

The decision was made based on the Sixth Amendment, which requires jurors, rather than judges, to find each fact necessary to impose the death penalty.

How many jurors must agree to the death sentence for it to be carried out? ›

In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors.

Is the death penalty sentence initially determined by the judge not the jury? ›

As of 2022, every death-penalty state except Alabama requires a unanimous jury recommendation of a death sentence in order for a judge to impose a death sentence, except in cases where the defendant explicitly waives their right to a jury.

Who Cannot be executed under the death penalty? ›

The Court held in Ford v. Wainwright 168 that the Eighth Amendment prohibits the state from carrying out the death penalty on an individual who is insane, and that properly raised issues of sanity at the time of execution must be determined in a proceeding satisfying the minimum requirements of due process.

Who is exempt from the death penalty? ›

[3] Defendants should not be executed or sentenced to death if, at the time of the offense, they had significant limitations in both their intellectual functioning and adaptive behavior, as expressed in conceptual, social, and practical adaptive skills, resulting from mental retardation, dementia, or traumatic brain ...

Can a judge overrule a jury's decision? ›

A judge can in RARE cases, overrule the verdict of a jury. It is only done when a jury returns with a verdict which does not comply with the instructions given. It usually happens when there is a legal criteria for guilt which the judge determines has not been met.

Can a judge override a jury death penalty? ›

Only four states — Alabama, Delaware, Florida, and Indiana — have ever practiced judicial override, allowing judges to impose a death sentence even if the jury recommended life.

What justifies the death penalty? ›

Capital sentences, when carried out, save innocent lives by permanently incapacitating murderers. Some persons who commit capital homicide will slay other innocent persons if given the opportunity to do so. The death penalty is the most effective means of preventing such killers from repeating their crimes.

Does Florida still execute prisoners? ›

Florida administers executions by lethal injection or electric chair at the execution chamber located at Florida State Prison. The three-legged electric chair was constructed from oak by Department of Corrections personnel in 1998 and was installed at Florida State Prison (FSP) in Raiford in 1999.

Why is the death penalty good? ›

Capital punishment is often defended on the grounds that society has a moral obligation to protect the safety and welfare of its citizens. Murderers threaten this safety and welfare. Only by putting murderers to death can society ensure that convicted killers do not kill again.

How many jurors have to agree for death penalty in Florida? ›

The jury must still first unanimously find that an aggravating factor is present. If at least 8 jurors then vote in favor of a death sentence, the judge may impose death. If fewer than 8 jurors vote for death, the judge must impose a life sentence.

How are jurors chosen for a death penalty case? ›

You have been summoned for jury duty in a death penalty case. In order to determine whether you are qualified to serve on the jury, the judge will ask you about your views regarding the death penalty.

Which states do not require a unanimous jury for death penalty? ›

Only three states out of the 27 that impose the death penalty do not require unanimity. Alabama allows a 10-2 decision, and Missouri and Indiana let a judge decide when there is a divided jury.

When sentencing convicted murderers to death a jury must consider? ›

A consideration of the offense's gravity and the stringency of the penalty; A consideration of how the jurisdiction punishes its other criminals; And a consideration of how other jurisdictions punish the same crime.

Can you get the death penalty for not killing anyone? ›

Many states allow all those who participated in a felony in which a death occurred to be charged with murder and possibly face the death penalty, even though they may not have directly killed anyone.

What crimes get the federal death penalty? ›

Murder related to a continuing criminal enterprise or drug trafficking offense, or drug-related murder of a Federal, State, or local law enforcement officer. Bringing in and harboring certain aliens resulting in death. Aircraft piracy resulting in death. Bringing in and harboring certain aliens resulting in death.

Can you request the death penalty? ›

In capital punishment, a volunteer is a prisoner who wishes to be sentenced to death. Often, volunteers will waive all appeals in an attempt to expedite the sentence. In the United States, execution volunteers constitute approximately 10% of prisoners on death row.

Are you allowed to choose your death penalty? ›

For example, Alabama, Florida, South Carolina and Virginia allow the condemned inmate to choose either the electric chair or lethal injection as his or her preferred method of execution. California permits its condemned inmates to choose either the gas chamber or lethal injection while Washington permits its condemned ...

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