A Florida man facing hate crime charges for killing a gay man is seeking to have the case dismissed, claiming self-defense.
Gerald Radford testified that he feared for his life when he shot John “Walt” Lay on February 2 at a Tampa dog park. According to local news reports, Radford stated that Lay had repeatedly punched him in the face shortly before the shooting.
“I don’t know if I told him to stop or not, but he wasn’t stopping,” Radford said during a hearing before Hillsborough Circuit Judge Samantha Ward.
Radford faces a second-degree murder charge, with prosecutors seeking enhanced penalties under hate-crime statutes if he is convicted.
His defense team invoked Florida’s stand-your-ground law, which allows individuals to use deadly force without a duty to retreat if they believe they are protecting themselves from imminent harm.
Prosecutors, however, contest Radford’s self-defense claim. Witnesses testified that Radford had harassed Lay for months before the shooting, frequently using homophobic slurs. They also presented recorded jail calls in which Radford referred to Lay using a slur after his arrest.
Paul Gumpert, a friend of Lay, described him as “very mild-mannered” and unlikely to provoke violence.
In court, prosecutors shared a video in which Lay alleged that Radford had threatened him the day before the shooting. In the video, Lay stated that Radford told him, “You’re going to die.”
Radford admitted to using slurs but claimed his actions were based on how Lay treated him rather than Lay’s sexual orientation.
The defense highlighted a text message from Lay sent after recording the video. In it, Lay mentioned he might “try to tackle” Radford if blocked again and wrote, “This weekend should be drama.”
Under questioning from his attorney, Radford, 66, said the 52-year-old Lay had completely overpowered him.
“Had you not drawn your firearm to defend yourself, do you believe you would have suffered great bodily harm or death?” asked defense attorney Matthew Futch.
Radford, visibly emotional, responded affirmatively.
Prosecutors countered with evidence suggesting inconsistencies in Radford’s account. Hillsborough County Chief Medical Examiner Kelly Devers testified that the bullet’s trajectory through Lay’s body made it unlikely he was on top of Radford when shot.
Assistant State Attorney Justin Diaz labeled the incident a hate crime, pointing to contradictions in Radford’s version of events.
Judge Samantha Ward is expected to rule on the stand-your-ground motion next week.