ORLANDO, Fla. — After more than 10 years of legal back and forth a jury recommended the death penalty for Bessman Okafor this Wednesday afternoon.
Okafor was found guilty of killing 19-year-old Alex Zaldivar in 2012. He was originally sentenced to death back in 2015, but several twists and turns in this case has caused the process to drag on.
“I’m grateful that he is being sent back to death row,” said Alex Zaldivar’s father Rafael Zaldivar.
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Rafael Zaldivar spoke to news crews outside the Orange County Courthouse right after a jury recommended the death penalty for Okafor.
Okafor was convicted of killing Alex execution style to prevent him from testifying in another case.
“I have dedicated the rest of my life for my son,” said Rafael Zaldivar.
Okafor’s original death sentence verdict was overturned by the Florida Supreme Court who stepped in and decided the verdict had to be unanimous.
Read: Jury recommends that Bessman Okafor be sentenced to death for killing Alex Zaldivar
Then several years later Florida law changed only requiring 8 jurors to recommend the death penalty, so there was a resentencing trial.
That second attempt last year ended in a mistrial, when a juror admitted to talking to a friend about the case and was arrested for Contempt of Court.
“It’s been a crazy and wild ordeal,” said Joe Castrofort, a Criminal Defense Attorney unaffiliated with this case. He told us he’s never seen a situation like this before.
“[Okafor] is the first offender, that I’m aware of, that has been caught in that change of rule, that it doesn’t now require unanimous, it requires 8 minimum,” said Castrofort.
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Castrofort told us the appeals process could now last several years.
If the judge follows the jury’s recommendation and sentences Okafor to death, the sentence will go to the Florida Supreme Court.
The justices will then have to decide if the 9-3 decision stands, or if it must be a unanimous decision.
“I think that whatever happens here is going to have a long controlling effect on how future death penalty cases go forward in Florida,” said Castrofort.
Okafor’s family continues to claim he’s innocent.
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“I will continue to fight and pray for him until he gets justice, because I know today, he did not get justice,” said Okafor’s aunt Adaure Onokala.
As for Alex’s family, his father said he’s thankful for the jury’s decision and will continue to fight for his son despite what happens in the future.
“I can assure you that I will be here if we need to go through a fourth trial, if our lawmakers decide to change the law again,” said Rafael Zaldivar.
The judge will formally make the sentencing recommendation in April.
Depending on how this all plays out at the state level, this death penalty recommendation could go all the way to the U.S. Supreme Court, which has never ruled on this issue.
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