A judge has denied a murder suspect’s self-defense claim, meaning that 65-year-old Gerald Declan Radford will stand trial for his February 2 slaying of 52-year-old gay dog owner John Walter Lay in a Tampa area park.

Redford, who witnesses say used anti-gay slurs against his victim before the murder, denied that he used slurs against Lay because of his sexual orientation but rather because “of the way he treated me.”

Related

America’s gun culture makes all of us less free
Gun culture is encoded into America’s DNA. What will it take to eradicate it?

Radford told a court that he feared for his life, testifying that Lay had “completely” overpowered him and repeatedly hit him in the face on the day of the shooting, ABC News reported. Defense attorneys claimed that Lay had premeditated attacking Radford and pointed to a text message that Lay sent saying that he planned to attack Radford by tackling him if Radford blocked his path again at a local park.

Stay connected to your community

Connect with the issues and events that impact your community at home and beyond by subscribing to our newsletter.
Subscribe to our Newsletter today

In court, defense attorney Matthew Futch asked Radford, “Had you not drawn your firearm to defend yourself, do you believe you would have suffered great bodily harm or death?”

Through tears, Radford answered, “Yes.”

Despite Radford’s claim of self-defense, several witnesses testified that, for months before the shooting, Radford had repeatedly harassed Lay and used homophobic slurs against him. Radford even used slurs to refer to Lay during phone calls from jail after he was arrested for his murder.

Under questioning by Assistant State Attorney Justin Diaz, Radford said that he used slurs against Lay not because of his sexual orientation but because because “of the way he treated me.”

Hillsborough County Chief Medical Examiner Kelly Devers also viewed Radford’s self-defense claim skeptically. She testified that if Lay had been laying or kneeling on Radford (like Radford said), the bullet would have traveled a different path through Lay’s body. Radford shot Lay in the chest.

Judge Samantha Ward issued a ruling on December 12 that Radford had failed to meet the burden of proof in the “stand your ground” hearing, Court TV reported. Florida’s “stand your ground” law allows people “who feel a reasonable threat of death or bodily injury to ‘meet force with force’ rather than retreat.”

Radford’s murder trial will now begin during the week of January 6th. Radford faces life in prison whether he is convicted of second-degree murder or a lesser manslaughter charge. Last March, the Hillsborough County State Attorney’s office announced that it would seek enhanced sentencing for Radford under Florida’s hate crime statute.

Lay’s friend Paul Gumpert said Lay was “very mild-mannered and very dismissive of any pressure against him.” Lay’s friends and family previously told the media that Lay had gone out of his way to avoid Radford after months of ongoing harassment.

“In my opinion, there’s no way in hell this is really self-defense,” Albert Darlington, Lay’s friend and landlord, told The Tampa Bay Times. “For over a year, Dec has done nothing but harass Walt. He screams and hollers and calls him a fa****t every time he gets to the dog park. He’ll sit there and he’ll say, ‘I’d like to punch him right in the f**king mouth’ … and it has gotten worse and worse and worse.”

“I even said to [Radford], ‘What are you trying to do, harass [Lay] until he jumps so you can kick his ass?’” Darlington recalled. “And all [Radford] would do was smile and look at me.”

One day before the shooting, Lay shared a video claiming that Radford had told him, “You’re going to die.”

Shortly after Radford’s arrest, Hillsborough County Sheriff Chad Chronister said, “After analyzing the evidence, it was clear that this man acted from hatred within his heart…. This victim also deserved to live free from fear and discrimination based on his sexual orientation.”

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.