Convicted killer gets second chance at life

ORANGE COUNTY, Fla. (WOFL FOX 35) - A convicted killer, sentenced to death at the Orange County Courthouse, will get a second chance at life.  This comes after the U.S. Supreme Court ruled Florida's death penalty law unconstitutional. 

Rafael Zaldivar wants Bessman Okafor dead for killing his son Alex Zaldivar. In 2015 he heard the sentence he'd been hoping for, death.  But a few days ago, Rafael met with the prosecutor in the case. He says, he told him,  they'll have to do the death penalty phase of the trial again.

"He's got hope and hope is the only thing that's keeping him alive today and I want to take that hope away," said Zaldivar.  "Unfortunately in our case it was 11 to 1. If that particular juror would have decided to vote guilty we wouldn't be talking today. So by one juror, we've gotta start all over."

Zaldivar says he and his family will have to take the stand again and re-live the unimaginable pain that began back in 2012, when Okafor, murdered Alex before he could testify against him in a home invasion case.

"Nineteen years old and in college. He put him on the ground and shot him twice. I always wonder what was he thinking."

Now, Zaldivar wonders what will happen next.

"Do you think he has another chance? Sure. He's coming back. It's a 50/50. He's coming back. And we're gonna have to tolerate this guy at taxpayers expense."

Zaldivar says he plans to fight in court.

Okafor is scheduled to have a hearing in Tallahassee in March.