A Florida man charged with second-degree murder in the shooting death of a gay man is seeking dismissal of charges under the state’s stand-your-ground law. Gerald Radford, 66, testified on Friday that he acted in self-defense when he fatally shot John “Walt” Lay, 52, during an altercation at a Tampa dog park on February 2.
Prosecutors, however, argue the shooting was motivated by hate, pointing to Radford’s history of harassment and the use of homophobic slurs.
Radford Claims Self-Defense Under Stand-Your-Ground Law
Radford testified before Hillsborough Circuit Judge Samantha Ward that Lay had repeatedly struck him in the face moments before the shooting, leaving him no choice but to use his firearm.
“I don’t know if I told him to stop or not, but he wasn’t stopping,” Radford said during the hearing. He stated that Lay “completely overpowered” him, adding that he feared for his life.
Defense attorney Matthew Futch argued that Radford’s actions were justified under Florida’s stand-your-ground law, which permits the use of deadly force when an individual believes they are in imminent danger.
Prosecutors Cite Evidence of Harassment and Hate
Prosecutors dispute Radford’s account, presenting evidence that he had harassed Lay for months leading up to the shooting. Witnesses testified that Radford frequently directed homophobic slurs at Lay and had threatened him.
In recorded jail phone calls after his arrest, Radford referred to Lay using a slur, bolstering prosecutors’ claims of bias.
Lay’s friend, Paul Gumpert, described Lay as “very mild-mannered,” stating it was unlikely he would have initiated a physical altercation. Prosecutors also presented a video recorded by Lay the day before the shooting in which he claimed Radford had threatened him, saying, “You’re going to die.”
Defense Points to Lay’s Messages as Evidence of Aggression
The defense highlighted a text message sent by Lay after the video in which he wrote that he planned to “try to tackle” Radford if confronted again. Lay also mentioned that “this weekend should be drama,” which defense attorneys argued indicated premeditation.
Radford admitted to using slurs against Lay but insisted it was not because of Lay’s sexual orientation, claiming instead that it was due to personal conflict between the two.
Medical Evidence Challenges Self-Defense Claim
Prosecutors presented forensic evidence to challenge Radford’s self-defense claim. Hillsborough County Chief Medical Examiner Kelly Devers testified that the trajectory of the bullet through Lay’s body was inconsistent with Radford’s assertion that Lay was on top of him during the shooting.
“It would be hard for the bullet to take the path it did if Lay had been laying or kneeling on Radford,” Devers explained.
Assistant State Attorney Justin Diaz argued that these inconsistencies point to a deliberate act of violence motivated by bias. “It’s a hate crime,” Diaz said in court.
Judge to Rule on Stand-Your-Ground Motion
Judge Samantha Ward is expected to rule next week on whether Radford will receive immunity from prosecution under Florida’s stand-your-ground law. If the motion is denied, Radford will face trial for second-degree murder, with prosecutors seeking enhanced penalties for the alleged hate crime.
The case highlights ongoing debates around the application of stand-your-ground laws and the role of bias in violent crimes.
