Bessman Okafor: Florida man resentenced to death for 2012 killing of 19-year-old Alex Zaldivar
Warning: This article contains a recollection of crime and can be triggering to some, readers’ discretion advised.
ORANGE COUNTY, FLORIDA: Following the challenging penalty phase trial, jurors once more recommended on Wednesday, January 31, that Bessman Charles-Obinna Okafor, 39, be executed for shooting and killing 19-year-old Alex Zaldivar during a home invasion in 2012.
Orange County, Florida records show that the vote was 9 to 3 in favor of the death penalty. In 2015, a different panel came to the same conclusion by a vote of 11 to 1.
However, Florida's Supreme Court decided the next year that execution sentences needed to be approved by all parties.
Juror gets 179 days in prison
This set off a protracted legal battle in the Sunshine State regarding the propriety of the death penalty. As things stand, juries only need to vote 8 to 4 to recommend death.
Last year, prosecutors made another attempt, but it was severely hindered by a mistrial during the penalty phase due to one of the new jurors.
Kayla De Pena, a juror, informed the court in November 2023 that she had discussed the case with a friend, which precluded her from being impartial.
She told Judge Mark Blechman during her sentencing on January 4 that it was a lie, that she had made it up to avoid serving on the jury, and that she was having financial difficulties.
For contempt of court, she was given a maximum sentence of 179 days in prison along with a $500 fine.
On Wednesday, the jury concluded Okafor's most recent penalty phase.
Rafael Zaldivar reacts to death penalty for accused
Rafael Zaldivar, the father of Alex Zaldivar, cautiously welcomed the news given the prolonged period of uncertainty surrounding Okafor's fate.
"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 Rafael Zaldivar, Zaldivar's father, according to WKMG.
He further added, “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.”
According to authorities, Okafor shot Zaldivar and two survivors in order to prevent them from testifying against him in a previous home invasion where he looked for drugs but was unsuccessful.
Nolan Bernard, a 38-year-old co-defendant, is presently incarcerated for life. Okafor has not yet been given a formal punishment. On April 22, during a Spencer hearing, the defense will have another chance to provide additional evidence opposing the death penalty after which the judge will make a final decision on whether to sentence Okafor to death.
