The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

IBAR, Pablo (W/M)

DC#    L31274

DOB: 04/01/72

Seventeenth Judicial Circuit, Broward County Case # 94-13062

Sentencing Judge: The Honorable Lance True Andrews

Attorney, Trial: Kayo Morgan & Barbara Brush – Private

Attorney, Direct Appeal: Peter Raben – Private

Attorney, Collateral Appeals: Ben Waxman – Court-appointed

Date of Offense:         06/26/94

Date of Sentence:       08/28/00

Circumstances of Offense:

On 06/26/94, a Palm Beach County police officer discovered a Mercedes SL convertible on fire in a road south of South Bay, Florida.  The car was registered to Casmir Sucharski, the owner of a nightclub called Casey’s Nickelodeon.  The Miramar Police Department was notified and a Mirimar police officer went to Sucharski’s home to tell him that his car had been found.  The officer knocked on the door and received no answer, so he stuck his card in the door and left.  

On 06/27/94, a woman called the Broward County Sheriff’s Department and reported that her daughter, Marie Rogers, and her friend Sharon Anderson had gone to Casey’s Nickelodeon on 06/25/94 but had not returned home.  A deputy went to Casey’s Nickelodeon to investigate and was told that Rogers and Anderson had left the club early on the morning of the 26^th in the company of Sucharski.  The deputy then went to Sucharski’s house, saw Anderson’s car in the driveway, but no one answered the door.  A Miramar police department card was still in the door, so the deputy peered inside and saw three bodies. 

The bodies in the house were Sucharski, Rogers, and Anderson, and all three died of gunshot wounds to the back and back of the head.  Video surveillance footage inside the house showed intruders coming inside the house, beating Sucharski, and shooting all three victims in the back of the head.  Video footage also showed the intruders rummaging through the house and garage and taking Sucharski’s watch and boots.  One of the intruders had something covering his face, but eventually removed it, while the other intruder wore a cap and sunglasses, which were never removed. 

Miramar police distributed flyers with pictures of the intruders taken from the surveillance video footage.  Three weeks after the murders, Miramar police received a call from the Metro-Dade Police Department and were informed that a man matching the flyer picture was in custody on an unrelated charge.  The man was identified as Pablo Ibar.  Ibar was identified as the man who uncovered his face during the murders. 

Ibar lived with several friends in a rented house in Hollywood, Florida.  One of the roommates identified Ibar and another roommate, Seth Penalver, as the men pictured on the flyer.  Ibar was identified as the man who uncovered his face, while Penalver was identified as the man who wore a cap and sunglasses. 

Codefendant Information:

Seth Penalver was also sentenced to death for his role in the murders.  On 02/02/06, the Florida Supreme Court reversed Penalver’s convictions, vacated his sentences, and remanded for a new trial. 

Additional Information:

Pablo Ibar and Seth Penalver were tried together in 1998, but the trial ended in a mistrial due to a hung jury.  They were tried separately again in 2000 and both were convicted and sentenced to death. 

Pablo Ibar gained Spanish citizenship after his 2000 conviction. 

Trial Summary:

08/25/94          Indicted as follows:

                                    Count I:           First-Degree Murder (Casimir Sucharski)

                                    Count II:         First-Degree Murder (Sharon Anderson)

                                    Count III:        First-Degree Murder (Marie Rogers)

                                    Count IV:        Armed Burglary

                                    Count V:         Armed Robbery

                                    Count VI:        Attempted Armed Robbery

06/14/00          Jury returned guilty verdicts on all counts of the indictment

07/24/00          Jury recommended death by votes of 9-3

08/28/00          Sentenced as follows:

                                    Count I:           First-Degree Murder (Casimir Sucharski) – Death

                                    Count II:         First-Degree Murder (Sharon Anderson) – Death

                                    Count III:        First-Degree Murder (Marie Rogers) – Death

                                    Count IV:        Armed Burglary – 25 years

                                    Count V:         Armed Robbery – 25 years

                                    Count VI:        Attempted Armed Robbery – 10 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-2043

938 So. 2d 451

09/25/00          Direct Appeal filed

03/09/06          FSC affirmed convictions and sentences

09/07/06          Rehearing denied

09/25/06          Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 06-788

127 S. Ct. 1326

12/05/06          Petition filed

02/20/07          Petition denied

Circuit Court – 3.851 Motion

CC# 94-13062

(Pending)

02/19/08          Motion filed

Factors Contributing to the Delay in Imposition of Sentence:

Ibar’s Direct Appeal was pending from 09/25/00 – 03/09/06. 

Case Information:

On 09/25/00, Ibar filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: failing to find that out of court statements were “statements of identification”; admitting witness testimony for purposes of impeaching testimony; admitting the transcript of testimony given by a deceased witness at a previous trial; allowing the State to introduce hearsay evidence and expert testimony; precluding admission of evidence regarding third-party motive, animosity, and reputation evidence; admitting evidence regarding a live lineup; denying due process by references to certain evidence; and violating the Florida and U.S. Constitutions with the imposition of the death penalty.  On 03/09/06, the FSC affirmed the convictions and sentences. 

Ibar filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/05/06 that was denied on 02/20/07.

Ibar filed a 3.851 Motion with the State Circuit Court on 02/19/08. This petition is currently pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE             DAYS             VIOLATION                                     LOCATION       

08/11/03          0                      FIGHTING                                         UNION C.I.          

01/02/04          180                  REF. SUB. ABUSE TEST                 UNION C.I.          

Report Date:   08/16/06          JFL

Updated:         08/20/08          KLH