Sebring bank killer takes death penalty fight to Supreme Court of Florida

TALLAHASSEE, Fla. - Attorneys argued the initial appeal for convicted Sebring bank gunman Zephen Xaver’s death sentence before the Supreme Court of Florida on Thursday morning.

Florida Supreme Court Hearing

What we know:

Xaver’s appellate attorney, Philip J. Massa, presented four main arguments to the justices in Tallahassee, claiming trial counsel was ineffective when Xaver pleaded guilty straight to the court. Massa argued this denied Xaver a jury trial during the guilt phase, deprived him of the chance to challenge state witnesses, and prevented jurors from seeing him as a person before hearing he committed five first-degree murders. 

Massa further asserted Xaver was a mentally ill person with a lifetime of mental illness who did not knowingly and intelligently enter his plea. 

Massa also argued the trial judge abused her discretion by failing to read specific rights aloud in court, including Xaver's right to testify and his appellate rights. 

Justice Jorge Labarga noted that the jury did not have to hear excruciating facts repeatedly, while Justice Renatha Francis highlighted the overwhelming evidence—including video footage of Xaver shooting each victim in the head and his subsequent 9-311 confession. 

Massa acknowledged Xaver signed a correct plea form and that the judge read the form aloud, but he asked the court to reverse the plea and sentence entirely. 

Assistant Attorney General Joshua Schow, representing the state, argued Xaver entered a voluntary plea and never moved to withdraw it in trial court. 

Schow stated Xaver gave cognitive, complete answers during his colloquy, understood the proceedings, and had confessed his desire to kill people to his girlfriend. Schow noted Xaver told law enforcement officers that a person who committed such a crime "should be euthanized," and added that the trial court identified even more mitigating factors than the defense presented. 

The Supreme Court of Florida will consider the arguments and issue a written opinion in the coming weeks. 

Sebring Bank Shooting Case

The backstory:

On Jan. 23, 2019, the then-21-year-old Xaver walked into a SunTrust Bank along U.S. 27 south of Lake Jackson in Sebring wearing a bulletproof vest. 

He forced five women inside to lock the doors and lie on the floor before shooting them execution-style in the head. The victims were Marisol Lopez, Jessica Montague, Debra Cook, Ana Pinon Williams and Cynthia Watson. 

Investigators stated Xaver did not rob the bank and the killings were random. 

Xaver stayed on the phone with a 911 operator for nearly 45 minutes after the shooting. A crisis negotiator spoke with him for over an hour before a SWAT team entered and Xaver surrendered. 

Former bank teller Benjamin Wysokowski, a sixth person inside the building, escaped through the back door during the gunfire and reached a nearby home where the homeowner called police.

Death Penalty Jury Recommendation

By the numbers:

 Xaver initially pleaded not guilty before changing his plea to guilty in May 2023 and writing an apology note. In June 2024, after two weeks of testimony and three hours of deliberation, a Highlands County jury voted 9-3 to recommend the death penalty. 

Under a 2023 Florida law change—enacted after jurors spared the life of the Marjory Stoneman Douglas High School shooter—a death sentence no longer requires a unanimous jury recommendation, requiring at least eight of 12 jurors instead. The jury unanimously found all aggravating factors in Xaver's case. 

Mental Health and Background

What we don't know:

While defense witnesses testified Xaver suffered from mental illness, had a brain tumor, was abused by his father, and claimed to be suicidal since age 9 and homicidal since age 12, it remains unknown whether the Supreme Court of Florida will find these factors or defense counsel performance sufficient to overturn his sentence. 

It is also unknown when the justices will release their written decision following Thursday's arguments.