TAMPA, Fla. — A man from Florida, facing hate crime charges in connection with the shooting death of a gay man, is asking the court to dismiss the charges by claiming he acted in self-defense. Gerald Radford took the stand on Friday, asserting that he feared for his life when he shot John “Walt” Lay at a dog park in Tampa on February 2.
During his testimony, Radford recounted that Lay had struck him in the face multiple times right before the shooting. “I don’t know if I told him to stop or not, but he wasn’t stopping,” he stated in a hearing before Hillsborough Circuit Judge Samantha Ward. Radford faces second-degree murder charges, and if found guilty, prosecutors will pursue additional penalties under Florida’s hate crime laws.
The defense contends that Radford should receive immunity based on Florida’s stand-your-ground law, which permits individuals to use deadly force without retreating when they believe they are in imminent danger from a violent attack. However, the prosecution disputes Radford’s claims, as multiple witnesses testified that Radford had harassed Lay for months leading up to the incident, often using derogatory slurs related to Lay’s sexual orientation. Prosecutors also presented recorded conversations from jail in which Radford utilized a homophobic slur when discussing Lay after his arrest.
A friend of Lay, Paul Gumpert, testified about Lay’s typically non-confrontational nature, describing him as “very mild-mannered and very dismissive of any pressure against him.” Furthermore, Lay had shared a video alleging that Radford threatened him at the dog park just one day prior to the shooting. In that footage, Lay claimed Radford ominously told him, “You’re going to die.”
Radford admitted to using slurs against Lay but indicated during questioning from Assistant State Attorney Justin Diaz that his treatment of Lay was influenced by Lay’s behavior towards him rather than Lay’s sexual orientation. The defense highlighted a text message from Lay, sent after the video was recorded, indicating Lay’s intention to confront Radford, stating he would attempt to “tackle” Radford if their paths crossed again, alongside a mention of “this weekend should be drama.”
Responding to inquiries from defense attorney Matthew Futch, the 66-year-old Radford expressed that Lay had “completely” overpowered him during their altercation. When asked if he believed he would have suffered significant injury or death had he not drawn his weapon, Radford tearfully affirmed, “yes.”
Nevertheless, prosecutors countered by presenting autopsy evidence suggesting that the bullet’s trajectory through Lay’s body contradicts Radford’s claim that Lay was on top of him when he was shot. Hillsborough County Chief Medical Examiner Kelly Devers testified that it would have been “hard” for the bullet to follow the path it did if Lay had been positioned kneeling or lying on Radford at the time.
Assistant State Attorney Diaz noted various discrepancies in Radford’s narrative, asserting, “It’s a hate crime.” Judge Ward announced that she would make a decision regarding the stand-your-ground motion next week.
