The jury that convicted Bessman Okafor of murder is expected to begin deliberating Tuesday whether he should live or die for killing 19-year-old Alex Zaldivar in 2012.

The attack was to prevent Zaldivar and his roommates from testifying against Okafor in a separate home invasion trial, for which Okafor ended up being sentenced to life in prison in 2013.

Now, Okafor faces the death penalty for Zaldivar's murder.

The jury was dismissed early Monday, but what came as a surprise so close to the end was the excusing of one juror, who told the judge she felt threatened after she thought she was being followed and filmed by two men.

An investigation has begun into the juror's claims. She will be replaced by one of four alternate jurors retained since the trial began.

Okafor has shown a range of emotions in court since his conviction. Cameras captured him smiling during breaks, and then his head is in his hands during testimony.

But what almost put the sentencing phase of this case in jeopardy was when Okafor was treated for a medical emergency last week after he was seen rocking back and forth in his seat. 

"He's an actor," said Rafael Zaldivar, Alex's father. "He's searching for pity."

Now that the murder trial is coming to a close, Zaldivar said he hopes the jury will sentence Okafor to death for killing his son.

"If anybody deserves the death penalty, it's Bessman Okafor," Rafael Zaldivar said. "All cases are bad. All murders are bad. All murders are brutal. But Alex was a state witness. Brienna was a state witness."

Brienna Campos and her brother, Remington, both lived with Zaldivar and survived the shooting. Both testified against Okafor, and both have asked that he be sentenced to death.

Okafor's defense has argued he should be given life in prison because of his troubled childhood. The defense called a psychologist to the stand who said Okafor had many bad childhood experiences from physical abuse to sexual assault.

"The more factors one has in one's background, the higher the risk for a wide range of problems," Dr. Steven Gold testified.

But the victims and their families said they weren't buying it.

"He's functional, completely," Rafael Zaldivar said. "He made bad choices."

The state and defense were scheduled to start presenting their closing arguments in the penalty phase of Okafor's trial at 9 a.m. Tuesday. After that, it will be up to the jury to recommend either life in prison or death.

The judge once again advised jurors to pack a suitcase, since they will once again be sequestered until they reach a recommendation.


Alex Zaldivar would have turned 22 on Wednesday, Aug. 26, 2015, the day Bessman Okafor was convicted of his murder.