A Florida man has been charged with murder in connection with the fatal shooting of a gay man at a Tampa dog park on Feb. 2, and prosecutors say the victim was targeted because of his sexual orientation, the Hillsborough State Attorney’s Office announced Friday.
Gerald Declan Radford, 65, of Tampa, was arrested Friday and charged with second-degree murder in the death of John Walter Lay, 52. The day before he was killed, Lay sent a video to his friends saying that a man he called “Dec” had been threatening him, according to a news release shared with HuffPost by the State Attorney’s Office. Investigators said they believe he was referring to Radford.
The arrest came five weeks after the shooting because investigators were gathering evidence that ultimately cast doubt on Radford’s claim at the scene that he had acted in self-defense, the Hillsborough County Sheriff’s Office said in a news release.
Prosecutors said that they will seek tougher sentencing guidelines under the state’s hate crime laws.
The investigation into Lay’s death began after authorities were called to the West Dog Park in Hillsborough County just before 8 a.m. on Feb. 2, according to a news release by the sheriff’s office.
According to the sheriff’s release, authorities discovered Lay at the scene with a gunshot wound. Deputies attempted to perform “life-saving measures,” but Lay was pronounced dead at a hospital.
During the initial investigation, Radford allegedly told responding investigators that he and Lay were in a “scuffle” and that he shot Lay in self-defense.
Radford also told The Tampa Bay Times that he acted in self-defense. “I was attacked. I defended myself. End of story,” he told a reporter.
According to the prosecutors’ news release, several community members contacted investigators in the days and weeks after the shooting to report that Radford had used “bigoted slurs” toward Lay and talked about wanting to harm him at the dog park.
“The defendant alleged self-defense, but following a thorough investigation, the evidence shows Radford was the aggressor and was motivated by the fact that the victim was a gay man,” the news release said.
Detectives said they learned Lay had created a recording of himself the day before the shooting in which he told friends that “Dec” had threatened him by screaming “You’re gonna die” repeatedly.
Weeks went by as community members and Lay’s friends grew concerned that the man who killed Lay was free. Prosecutors responded by noting the difficulties of refuting a “stand your ground” claim of self-defense.
The controversial self-defense law became a national issue in 2012 when 17-year-old Trayvon Martin was fatally shot in Sanford, Florida, by a self-described neighborhood watchman who was later acquitted. Since then, nearly 40 states have enacted their own version of the law, which allows gun owners to use deadly force if they feel their life or safety is threatened.
A study from the JAMA network in 2022 found that stand-your-ground laws were “associated with an 8% to 11% national increase in monthly rates of homicide and firearm homicide.”
“Throughout the course of this investigation, community members stepped forward with important information about ongoing tensions that helped add context to the incident,” the statement said. “Combined with video recordings created by the victim before he was killed, investigators were able to build a strong case to bring to our office for prosecution.”
In the statement, Hillsborough County Sheriff Chad Chronister said “it was clear” that Radford “acted from hatred within his heart.”
“A hatred that will not be tolerated within our strong and diverse community,” Chronister said.
In the prosecutors’ news release, State Attorney Suzy Lopez said, “We should all be able to enjoy a day at the dog park without the fear of gunfire.”
Lay “deserved to live free from fear and discrimination based on his sexual orientation,” Lopez said. “The evidence shows the defendant’s actions were motivated by hate, and he will be held accountable. My heart is with the victim’s family and large group of friends as we fight for justice together.”