Judge Rejects “Stand Your Ground” in Gay Man’s Shooting
Florida man Gerald Radford will now face trial for the murder of John Walter Lay, a gay man with whom he'd clashed at a dog park.
A judge denied Gerald Radford’s attempt to invoke the Florida’s “Stand Your Ground” law to avoid prosecution for fatally shooting a gay man in Tampa earlier this year. The 66-year-old will now face a jury trial on charges of second-degree murder and a hate crime enhancement for killing 52-year-old John Walter Lay at the West Dog Park on February 2, 2024.
Radford repeatedly harassed Lay for more than two years, calling him a homophobic slur and making derogatory remarks about Lay’s sexual orientation, according to the Hillsborough County Sheriff’s Office. That harassment culminated in an altercation between the two men, which ended with Radford fatally shooting Lay.
Radford and his lawyers had sought to argue that he shouldn’t be prosecuted, invoking Florida’s “Stand Your Ground” law, under which a person is allowed to use deadly force if they reasonably believe doing so will prevent their imminent death or bodily harm.
During a lengthy court hearing reminiscent of a trial, Radford testified that Lay had violently attacked him and that he was defending himself. But prosecutors presented testimony from more than a half-dozen friends and acquaintances of both men, all off whom characterized Radford as hostile and aggressive toward Lay.
As reported by Tampa Bay ABC affiliate WFTS, Radford called 911 on February 2, telling dispatchers he had been in a “scuffle” with Lay when he pulled out his gun and shot him. No witnesses were present.
The lack of witnesses led the Hillsborough County Sheriff’s Office to delay bringing charges against Radford for more than a month after the shooting. However, they later brought charges after friends and acquaintances of Lay and Radford reported that they had previously heard Radford use bigoted slurs toward Lay, and threaten to harm him due to his sexual orientation.
Sheriff’s deputies discovered Lay had sent a cell phone video to friends 24 hours before his death, warning them that Radford had threatened him, telling him, “You’re gonna die.”
Radford and Lay had become acquainted as part of a group of pet owners who regularly convened at West Dog Park while walking their dogs.
The group’s discussions occasionally turned to politics, with Lay, a liberal, clashing with the conservative Radford.
But according to other members of the group, it was not the men’s political disagreements that led to animus, but Radford’s discomfort over Lay’s sexual orientation.
Witnesses who testified at the “Stand Your Ground” motion hearing testified that Radford repeatedly referred to Lay with homophobic slurs. Multiple people recounted instances in which Radford would walk up to Lay in the dog park and block his path. Some speculated that Radford was trying to provoke a fight, and some testified to hearing Radford threaten Lay.
The witnesses characterized Radford as disrespectful and hostile, while Lay was easy-going and non-confrontational — although he appeared irritated by his interactions.
Radford claimed to have no issue with Lay’s sexuality, although he admitted to using homophobic slurs against him. He said that the friction between them started when Lay asked Radford to have a beer with him, which he took as a sexual advance, telling Lay he wasn’t interested.
Radford also claimed that Lay would periodically utter threats, telling him he’d “kick your ass” and “cave your head in.” On the day of the shooting, he claimed Lay came up to him, asked him why he was there, and said everyone hated him. Radford claimed he told Lay to leave him alone. Moments later, he says Lay, who was bigger and younger than Radford, began hitting him, knocking him to the ground. It was then that Radford drew his 9-millimeter pistol and shot Lay through the upper right chest.
Despite the best efforts of Radford’s attorneys, Hillsborough Circuit Judge Samantha Ward denied Radford’s “Stand Your Ground” claim and scheduled a trial date for January 6, 2025. She did not detail her reasoning for denying the claim, saying she would later issue a written order.
Ward also rejected a request asking her to reconsider an earlier decision to deny Radford bail, who will remain in jail while he awaits trial.
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