Two men were alone in a dog park, and one ended up dead. A judge recently decided a jury will need to determine whether or not one man was justified in taking the other man’s life. What happened, and will there be any consequences?
One Side of the Story
Gerald Declan Radford, 66, and John Walter Lay, 52, were regulars at the West Dog Park Woods in northwest Tampa. Both men were in a group that, for years, regularly met up to walk their dogs together. But on February 2, 2024, the only two men in the park were Radford and Lay.
Because there were no witnesses, there is only one story about what happened that day.
Radford says Lay approached him, asked him why he was there, and told him everyone hated him, according to the Tampa Bay Times. Radford told Lay to leave him alone and turned to walk away. Then, he says Lay approached him and began hitting him until he fell to the ground. At that point, Radford pulled out his 9 mm pistol. He said he thought Lay was trying to turn the gun on him, so he fired.
The bullet hit Lay in the upper right chest and traveled downward through his body stopping in his lower back. A medical examiner would later say the wound indicated the bullet was fired from about an inch away. Radford called 911, and Lay died from his injuries.
Radford claims that he was defending himself in the dog park, but it didn’t stop authorities from charging him with second-degree murder.
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A Fatal Feud
Radford and his attorneys argue that his case falls under Florida’s “stand your ground” laws. They petitioned the judge to dismiss the case and said Radford should be immune from prosecution.
The judge did not agree.
Hillsborough Circuit Judge Samantha Ward denied the motion to dismiss the case and says the case should go before a jury at trial. Ward did not give extensive details explaining her decision but said she would issue another written order with more information.
Her decision comes after a days-long hearing that included testimony from Radford as well as multiple of the members of the dog-walking group.
Many members of the group described Radford as hostile and aggressive toward Lay. They said the group conversation could involve politics and the two men had differing views. Some members said they heard Radford referred to Lay with homophobic slurs. Lay admits he used the slurs because he didn’t know they were offensive but says he didn’t have any issues with Lay’s sexuality.
Prosecutors argue that the shooting was a hate crime because Lay was gay, per reporting by Tampa Bay Times. On the other hand, Radford says Lay had threatened him in the past. After an incident between the two men, Lay had sent a text message to a member of the dog walking group saying, “He [Radford] doesn’t really intimidate me. I thought, if he blocks my path again, I’ll try to tackle him.”
Radford’s attorneys argue that Lay started the assault and Radford was protecting himself, qualifying it as a stand your ground case.
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What Are “Stand Your Ground” Laws?
Most states require a “duty to retreat” if a person feels their life is in danger. By law, if a person feels threatened, they must make a reasonable attempt to escape before using deadly force. Florida’s “stand your ground” laws remove this duty.
Florida Statute Sections 776.012 and 776.013 provide protection to individuals who use deadly force when they feel their life is in danger. Statute 776.012 says:
“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”
Stand your ground laws can be used to dismiss a case and prevent it from going to trial, or they can be used as a defense in a case that goes to trial. Since Radford’s motion to dismiss was denied, this case will now be set to go in front of a jury trial in January 2025.
Rules of law can be complex and complicated. If you have been involved in a criminal case, talk to an attorney right away. Schedule a call with criminal defense attorney TJ Grimali today. All consultations are free. Schedule or call 813-226-1023 today.
Taking a Stand Against Gun Violence
TJ Grimaldi works to support families impacted by gun violence. Grimaldi is the Executive Director and Board Member of The Oulson Family Foundation, a non-profit created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
