TAMPA, Fla. – A Tampa judge has denied a “stand your ground” motion filed by attorneys for Gerald Radford, 66, who is charged with second-degree murder and a hate crime enhancement in the February 2024 shooting death of John Walter Lay at a local dog park. The case has drawn significant attention due to its alleged connection to anti-LGBTQ harassment.
Radford is accused of targeting Lay, 37, over a period of two years, repeatedly using homophobic slurs and making derogatory comments about Lay’s sexual orientation. The Hillsborough County Sheriff’s Office asserts that the February shooting at West Dog Park in Tampa was the culmination of this ongoing harassment.
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At a brief virtual hearing last week, the judge rejected Radford’s claim that he acted in self-defense under Florida’s “stand your ground” law. The judge did not elaborate on her reasoning, but previous court proceedings included extensive testimony from Radford and others.
Radford testified that his relationship with Lay initially appeared friendly, with the two chatting regularly at the dog park. However, Radford claimed that their relationship soured over time, alleging that Lay made threatening comments toward him. Radford stated in court, “He said, ‘I’m just going to cave your head in.’”
The defense also presented text messages allegedly sent by Lay to a friend. In one message, Lay reportedly wrote, “If he blocks my path again, I’ll try to tackle him. He’s really older than he looks. He’s weak and feeble.”
Additionally, Lay recorded a video before his death, in which he said Radford had threatened him, saying, “You’re gonna die one day.”
Radford argued that he felt threatened by Lay’s behavior and claimed that Lay’s advances toward him had escalated their conflict. He testified that their disputes began after Lay invited him out for a drink, which Radford declined, citing his marital status and heterosexual orientation.
The prosecution contends that Radford’s actions were premeditated and motivated by prejudice, highlighting the defendant’s repeated harassment of Lay over his sexual orientation. The state presented evidence of a history of derogatory comments and alleged threats made by Radford toward Lay.
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Radford faces a hate crime enhancement to the second-degree murder charge, which could increase his potential sentence if convicted. Under Florida law, a hate crime enhancement is applied when a crime is motivated by bias against a person’s race, religion, sexual orientation, or other protected status.
Radford will remain in custody after the judge also denied a motion to reconsider his bond. The trial is scheduled to begin on January 6, 2025.
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