Published at 11:22 AM, December 20, 2024
TAMPA, Fla.– A Florida guy implicated of a hate criminal offense for eliminating a gay guy will stand trial next month after a Florida judge ruled he was not immune from prosecution under the state’s “stand-your-ground” law.
Gerald Radford is seen in court throughout a stand-your-ground hearing. (Scripps News Tampa)
Gerald Radford affirmed on Friday that he feared for his own life when he shot John “Walt”Lay at a Tampa pet park on Feb. 2.
Regional news outlets report Radford affirmed that Lay consistently struck him in the face right before the shooting.
“I do not understand if I informed him to stop or not, however he wasn’t stopping,”Radford affirmed in a hearing before Hillsborough Circuit Judge Samantha Ward.
Radford is charged with second-degree murder. District attorneys are looking for extra hate-crime charges if Radford is founded guilty.
Defense lawyer mentioned Florida’s stand-your-ground law in looking for resistance from prosecution. Such laws state individuals have no task to pull away before utilizing fatal force when they think they are safeguarding themselves versus a violent criminal offense.
District attorneys challenge Radford’s story. Numerous witnesses affirmed Friday that Radford had actually bothered Lay for months before the shooting, consistently utilizing homophobic slurs. District attorneys provided taped prison call where Radford utilized a homophobic slur to explain Lay after his arrest.
Paul Gumpert, a buddy of Lay, affirmed that it wasn’t in Lay’s character to be the assailant. He explained Lay as “really mild-mannered and extremely dismissive of any pressure versus him.”
Lay shared a video declaring Radford had actually threatened him at the pet park the day before the shooting. In the video, Lay declared he had an encounter with Radford at the park which Radford informed him, “You’re going to pass away.”
Radford acknowledged utilizing slurs versus Lay. He informed Assistant State Attorney Justin Diaz, under questioning, that he dealt with Lay in a different way since “of the method he treated me” and not since of his sexual orientation.
Defense lawyer indicated a text Lay sent out after the video as evidence he prepared to assault Radford. Lay composed in part that he would “attempt to take on” Radford if he obstructed his course once again. In addition, he composed, “This weekend ought to be drama.”
In action to concerns from defense lawyer Matthew Futch, the 66-year-old Radford stated the 52-year-old Lay had “entirely” subdued him.
“Had you not drawn your gun to safeguard yourself, do you think you would have suffered excellent physical damage or death?” Futch asked.
Radford, weeping, addressed yes.
District attorneys stated there was no scuffle before the shooting. They stated the trajectory of the bullet through Lay’s body, as traced by an autopsy, opposes Radford’s claim that Lay was on top of him.
Hillsborough County Chief Medical Examiner Kelly Devers affirmed it would be “tough” for a bullet to take the course it did if Lay had actually been laying or kneeling on Radford.
Diaz argued there are disparities in Radford’s account. “It’s a hate criminal activity,” Diaz stated.
Judge Samantha Ward released a judgment on December 12 that Radford stopped working to fulfill the concern of evidence in the stand-your-ground hearing.
Radford’s case will head to trial on the week of January 6th. The prosecution revealed it will look for a hate criminal activity improvement if Lay is founded guilty.
This story was initially released by Scripps News Tampa, an E.W. Scripps Company.