ORLANDO, Fla. – A jury recommended the death penalty in the latest resentencing trial of Bessman Okafor on Wednesday in Orlando.
The jury voted 9-3 in favor of the death penalty recommendations after a little over three hours of deliberations.
Okafor was convicted for the murder of Alex Zaldivar, who was slated to testify against Okafor in a home invasion case. Okafor’s 2015 death sentence, however, got caught up in the constitutional dispute over whether a jury’s death penalty recommendation had to be unanimous. The jury had voted 11-1 in favor of the death penalty.
“I’m grateful that he’s being sent back to death row, but we were looking for a 12-0 because we may need to come back here again in the future...” said Zaldivar’s father, Rafael Zaldivar. “They saw the pictures, you know. My son was executed on the ground. Two shots to the back or the head, you know, this is what happens in the Middle East.”
The Florida Supreme Court ruled jury recommendations for a death sentence had to be unanimous in 2016, so Okafor’s sentence was overturned. But in the last few years, a more conservative Supreme Court revisited the issue and decided jury death sentence recommendations do not have to be unanimous.
[EXCLUSIVE: Become a News 6 Insider (it’s FREE) | PINIT! Share your photos]
After that, the state legislature passed a new law requiring only an 8-4 vote to recommend the death penalty. A court ruled Okafor had to be resentenced.
In November, a judge declared a mistrial in the first resentencing trial after a juror, Kayla De Pena, 26, told the court she discussed the case with a friend. She eventually told the judge that she lied about having any conversations about the trial, in the hopes of getting out of further jury service.
A new jury had to be seated for another resentencing trial, which happened earlier this month.
A Spencer hearing will take place April 22, which gives both sides a chance to make one last argument to the judge, who will make a final decision on whether to sentence Okafor to death.
“I’m heartbroken. I’m disappointed because they are holding the wrong person,” said Okafor’s aunt, Adaure Onokala. “Bessman did not kill anyone. Bessman did not shoot anyone. I am going home today heartbroken because the law knows that he is not the one who shot.”
This is a developing story. Check back for more details.
Get today’s headlines in minutes with Your Florida Daily: