SEBRING, Fla. — A Highlands County jury recommended the death penalty for Zephen Xaver in the case of the shooting deaths of five people inside a Suntrust Bank in 2019.
The death penalty verdicts were not unanimous. The state of Florida changed the death penalty law to only require 8 out of 12 jurors to recommend death for the penalty to be imposed. The change came after the shooter in the Marjory Stoneman Douglas High School massacre was sentenced to life in prison.
In Xaver's case, on all counts, the jury split by a 9-3 vote on recommending the death penalty.
Wednesday morning jurors heard closing arguments from lawyers on both sides, starting with the state.
“They were under his control for his enjoyment as he shot each one; and as he shot each one, they cried and said, 'why?' and he continued to shoot,” said prosecutor Bonde Johnson.
The case dates back to January 23, 2019. That's when Xaver opened fire inside a Sebringb ank, killing four employees and one customer.
The victims were Cynthia Watson, 65, Marisol Lopez, 55, Ana Piñon-Williams, 38, Jessica Montague, 31, and Debra Cook, 54.
The prosecutor told the jury Xaver had been planning the murders for years.
“He said quote, 'I can't help what I love and I love seeing death and destruction.' That is what's in the mind of this defendant. That is heinous, atrocious and cruel,” said Johnson.
Xaver's defense attorney, Jane McNeill, told jurors that the state had only shown them one part of Xaver, and reduced him to his worst act.
“It’s easier to label Zephen than to accept who he is, a broken, brain damaged, mentally ill person,” said McNeill.
Families of the victims sat in the courtroom listening to details of their loved one’s final moments.
“Just a mix of emotions. Whatever the verdict is, whatever they decide it’s not going to bring my sister back. It's not going to change anything,” said Blanca Piñon.
The husband of Marisol Lopez said after five long years he is ready to move on with this chapter of his life.
"I feel some type of closure right now. The verdict won't bring her back, that's the main thing. At least I have some closure on my heart right now. Now is the next step of my life," Lopez said.
Cynthia Watson's daughter believes the jury made the right decision, recommending Xaver be sentenced to death.
"This is a mass shooting on a whole other level. I'm glad that I don't have to keep dealing with the court system anymore but, I'll never be the person that I was before my mother was murdered," said April Nelson.
Xaver was a former prison guard trainee with the Avon Park CorrectionalInstitution from November 2, 2019 to January 9, 2019 when he resigned.
On March 14, 2023, Xaver changed his original plea of not guilty to guilty.
The sentencing phase lasted over two weeks. Jurors heard impact statements from family members of the victims. Jurors had the choice of life without parole or the death penalty.
A Hardee County grandmother is on trial this week for leaving her 7-month-old granddaughter in a hot car where the baby died —the second grandchild to die under Tracey Nix's care. ABC Action News I-Team Reporter Kylie McGivern sat down with Kaila Nix just days ahead of her mother's trial for aggravated manslaughter.
