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SEBRING BANK SHOOTING: LAWYERS ARGUE OVER ALLEGED JURY MISCONDUCT IN GUNMAN’S
SENTENCING TRIAL

By Nancy Gay
Published  June 19, 2024 5:00am EDT
Highlands County
FOX 13 News

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PRESS PLAY ABOVE TO WATCH TRIAL LIVE. COURT IS IN RECESS. 

SEBRING, Fla. - Before jurors entered the courtroom in the Sebring bank
shooter’s sentencing trial on Wednesday, lawyers on both sides argued over
potential juror misconduct. 





A series of text messages show that shortly after being sworn in on June 7, a
juror texted a co-worker stating she was surprised she had been picked for the
jury and would be out of work through the end of June. 

The state attorney’s office investigated the allegation, but the defense said
the court should investigate it. 



The judge said she will interview the juror in question, but does not believe
the text messages are misconduct because they do not indicate a feeling one way
or the other about the outcome about the case. 

Defense attorney Jane McNeill asked for a recess before the judge interviewed
the juror in question and the request was granted shortly after 9 a.m. 

Zephen Xaver walked into a SunTrust Bank in Sebring on Jan. 23, 2019, and shot
four employees and one customer inside. Now, a jury will decide if he will be
sentenced to death or spend the rest of his life in prison without the
possibility of parole. 

On Tuesday, Xaver's mother, Misti Hendricks, took the stand for the second time
this week. 

She explained to the jury that her son, who former teachers described as quiet
and well-mannered, changed when he became a teenager. 

Hendricks told jurors that her son had attempted suicide and had been
hospitalized in psychiatric facilities several times, but never for more than a
week or so. She said she tried to get him placed in a residential facility, but
he never qualified. 

READ: Sebring bank shooting: Gunman’s mother tells jurors he had a dream about a
school shooting

Xaver's mother went on to tell the jury about her own struggles with mental
health and explained that she was misdiagnosed with bipolar disorder and
schizophrenia after giving birth to her second son. 

She said she was put on medication that made her hear and see things that
weren't real. Hendricks said those side effects went away once she stopped
taking the medicine, and she began to feel better once she was diagnosed with
post-partum depression and was placed on medication to treat it. 

Zephen Xaver's mother testifies for the second day in a row. 

During the defense's opening statement, Xaver's lawyer said that the evidence
they will present this week is not an excuse or a justification for him shooting
and killing five women at the SunTrust Bank, because there is no excuse.

However, the defense is arguing that Xaver’s life should be spared, and jurors
should sentence him to life in prison without the possibility of parole.

While on the stand on Tuesday, Hendricks shared that she e-mails her son at the
jail every day and does a video chat with him once a week. She said she loves
her son and will continue to have contact with him if he is sentenced to life in
prison. 

Last week, the jury heard from a slew of witnesses called by the prosecution.

Xaver's ex-girlfriend, Imani Davis, told jurors that after months of not
communicating, Xaver reached out to her on Jan. 23, 2019, and seemed
uncharacteristically happy and excited. 

READ: Sebring bank shooting: Jurors hear 911 call as gunman's sentencing trial
gets underway

She said Xaver sent her a message at 12:14 p.m. on Jan. 23, 2019, which read,
"The fun part, the [expletive] cliché clincher, is that I’m not going out alone.
I’m taking a few people out with me because I’ve always wanted to kill people,
so I’m going to try it and see how it goes. Watch out for me on the news –
Sebring, Florida."

She said she wrote back, "There’s something wrong with you. Seriously."

Xaver's ex-girlfriend Imani Davis testifies at his sentencing trial. 

Then she told her teacher about the messages and school officials contacted law
enforcement. 

Another friend of Xaver’s took the stand Thursday and testified that she
contacted her local law enforcement in Michigan after Xaver sent her a message
stating that he wanted to hold up a bank. He wanted the police to shoot him, so
they would look like heroes. 

READ: Sebring bank shooting trial: Gunman tells police ‘I deserve to die for
this’ in video played for jurors

Police said they contacted Xaver’s mother at the time and said they saw no
reason to follow up. 

Jurors also heard from a bank teller who escaped the massacre, law enforcement
officers and witnesses who arrived at the bank that afternoon to find the doors
locked and people lying on the floor.

BANK TELLER TESTIFIES IN SEBRING SHOOTING HEARING

As Zephen Xaver waits to find out whether he’ll be sentenced to death for
killing five people at a bank in Sebring in 2019, a teller at the bank who
managed to escape testified Tuesday.

Prosecutors played an interview between Xaver and police shortly after his
arrest in which he said, "I deserve to die for this."

SEBRING BANK SHOOTING: XAVER'S RECORDED INTERVIEW WITH POLICE

Listen to a portion of an interview between a lieutenant with the Sebring Police
Department and Zephen Xaver about what happened before, during and after the
Sebring bank deadly shooting. [WARNING: This contains offensive language].

Jurors also listened to the 911 call Xaver made from inside the bank moments
after he shot five women inside. 

SEBRING SHOOTING TRIAL: 911 CALL PLAYED FOR JURY

Listen to the 911 call Zephen Xaver made after he killed five women inside a
Suntrust Bank in Sebring in January 2019.

Twice, Xaver's defense team called for a mistrial. The first time was over an
audience member who had an audible reaction to testimony and the presence of a
therapy dog in the courtroom, and the second time was when an employee at the
gun store where Xaver purchased his firearm gave him a dirty look when he
entered the courtroom to testify. 

Both times, the judge denied the mistrial. 


WHO IS ZEPHEN XAVER? 

The man police say shot and killed five people in a Sebring, Florida, SunTrust
bank was described by a woman who knew him as "normal" and "well-mannered."

Sharon Spillane, a friend of Xaver’s parents, told FOX 13 in 2019 that she never
in a million years saw this coming. 

"We’ve cooked together, I’ve been in their house, we’ve watched movies. They’re
a very normal family," Spillane said. "He had a job, and he was very quiet and
very well-mannered. Anytime that I saw him, he was very well-mannered, always
good posture and well-spoken."

However, Xaver’s ex-girlfriend paints a different picture. In a previous
interview with FOX 13, Alex Gerlach said Xaver was obsessed with guns and
knives.

"The only thing I can remember is him talking about guns and wanting guns,"
Gerlach said in a 2019 interview. "He wants to hurt people physically."

According to Gerlach, she met Xaver in a psychiatric hospital in 2013. She said
they dated off and on for about two years.

Pictured: Zephen Xaver

"At one point, my mother was terrified because she thought he was going to
physically harm me," explained Gerlach, who described Xaver as a troubled teen.
"For some reason, he always hated people and wanted everybody to die."

Gerlach said Xaver continued to make chilling comments over the years and said
one week before the shooting he sent her a picture of him holding a gun.

"I've been scared for years and every single person I've told has not taken it
seriously, and it's very unfortunate it had to come to this," she said in 2019.

Documents provided by the Bremen Police Department in Indiana state officers
went to Xaver's high school in 2014, after school officials said he was having
disturbing thoughts.

The documents state Xaver told school officials he had dreams of hurting his
classmates. According to the police report, Xaver's mother agreed to take her
son to a behavioral health center.

In recorded conversations played for the jury, Xaver states that medication did
not help him and neither did his time at a behavioral treatment center. He
claimed that voices in his head told him to kill people. However, a psychologist
who took the stand on Thursday said he did not believe Xaver was really hearing
voices because he appeared to be very calm and methodical in video that shows
him carrying out the murders. 

The Florida Department of Corrections confirmed Xaver was a correctional officer
trainee with Avon Park Correctional Institution for about two months. He
resigned two weeks before the shooting. 


WHO WERE THE VICTIMS?

Marisol Lopez, Jessica Montague, Debra Cook, Ana Pinon Wiliams and Cynthia
Watson were killed on Jan. 23, 2019, when Xaver, who was 21 at the time, walked
into the SunTrust Bank on Highway 27, wearing a bullet-proof vest and armed with
a gun he recently purchased, forced the women to lie on the floor and shot them
to death. 

Last Friday, friends and family of the five women who were killed told the jury
how their lives were destroyed by the murders. Several jurors wiped tears from
their eyes as Xaver sat stone-faced with his head propped in his hand. 

EMOTIONAL IMPACT STATEMENTS FROM LOVED ONES IN DEADLY SEBRING BANK SHOOTING

Loved ones of people killed in the bank shooting in Sebring several years ago
gave impact statements Friday at the sentencing trial for the killer. FOX 13's
Kimberly Kuizon reports.

Ana Piñon Williams came to America from Mexico when she was 12 years old and
picked fruits and vegetables to support her family. 

She is remembered as a loving daughter, mother, sister, and friend who was the
glue that kept their family together. 

"She lives in and through us," Anna’s sister Blanca told the jury. "We continue
her legacy with humbleness, compassion, empathy, and a strong faith in God. She
was a ray of sunshine and a breath of fresh air."

Pictured: Ana Piñon Williams

Debra Cook was a cancer survivor who had been married to her husband, Michael
Cook, one month shy of 35 years. 

He said they didn't have to work, but she wanted to work, so she could help out
her children and travel. 

RELATED: Sebring bank shooting trial: Jurors hear from bank teller who escaped,
crisis negotiation recording

"No one expects to say goodbye to a loved one in the morning and never see them,
hold them, or talk to them again," Michael Cook stated. "Everyone expects to say
goodbye to the ones they love."

Debra Cook

Friends and family describe Marisol Lopez as an exceptional human being who was
a daughter, sister, wife, mother and friend. 

Her daughter said her world stopped on January 23, 2019, when Lopez was killed. 

"I lost the one person I trusted entirely, and now I am very alone, and I feel
so isolated. I may have been 21 when she died, but I was still a girl who needed
her mom."

Pictured: Marisol Lopez

Family members described Cynthia Watson as having the heart of an angel and
described her as empathetic, compassionate, adventurous, and strong. She was a
wife, mother, grandmother, sister and daughter.

Her daughter says she has been sentenced to a lifetime of grief since the
passing of her mother

Pictured: Cynthia Watson

Jessica Montague is described as a loving, caring, and kind person. 

Her mother, Tina Warner, said, "I never knew what a true heartbreak was until
Jessie was taken from us. She always lit up a room with her outstanding
personality."

Warner added, "I miss my Jessie every day. The hole in my heart will never heal.
My love for my daughter will never be replaced by anyone or anything."

Pictured: Jessica Montague

Police said they haven't found any connection between suspect Xaver and the
victims. It also did not appear that there had been any attempt to rob the bank.


WILL ZEPHEN XAVER GET THE DEATH PENALTY? 

Xaver’s trial will be one of the first high-profile cases in Florida where the
death penalty sentence no longer hinges on a unanimous jury verdict.

Florida lawmakers made the change in 2023, shortly after jurors spared the life
of the Marjory Stoneman Douglas school shooter in a 9-3 decision.

Florida law now states that a defendant may be sentenced to death if at least 8
of the 12 jurors recommend execution. 

State Attorney Brian Haas says all five of the victims‘ families support seeking
the death penalty in this case. 

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