Jury acquits Nigerian immigrant in death of 2-year-old boy

Victor Fakoya spent two years in jail before a Clark County jury cleared him of murder and then another weekend behind bars before he was freed to be with his wife and two daughters.

The six-week trial of the 42-year-old Nigerian immigrant ended about 3 a.m. Friday and the jury began deliberating. When the verdict was read about 7 a.m., the jury ruled Fakoya had not caused the death of a 2-year-old Daniel Jaiyesimi.

Fakoya collapsed to his knees, praised God and wept, said Deputy Public Defender Norm Reed.

But Fakoya, who had been fasting throughout the trial, remained locked up Friday, Saturday and Sunday on an immigration hold. The immigration paperwork was straightened out Monday morning and Fakoya was released.

Prosecutors alleged Daniel suffered injuries consistent with child abuse, including bruising to his head, bleeding in his brain and a skull fracture, while being cared for by Fakoya on Aug. 8, 2008. He died three days later at University Medical Center.

Fakoya had sponsored the boy and his family when they relocated to the United States from Nigeria in December 2007. They were living with Fakoya and his family in their Spring Valley home.

Defense attorneys argued the medical facts and the time line of events were inconclusive.

Following the trial, jurors said they believed Fakoya was innocent of any wrongdoing, Reed said. Some jurors believed Daniel suffered from child abuse but from another suspect, and others believed Daniel's death was a tragic accident, the defense attorney said.

Either way, Reed said he was happy "justice was done" for Fakoya.

Reed said the jurors also did not believe Fakoya was the "monster" prosecutors tried to make him out to be after he testified in his own defense. "His character didn't fit that," Reed said.

This was the second trial for Fakoya. The first ended in March with Judge Valorie Vega declaring a hung jury after the jury deliberated for several days and told the judge it was "hopelessly deadlocked," according to court records.

The trials featured myriad expert medical testimony from physicians for both sides.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.