A little over a year ago, two men got into an altercation at a Tampa dog park. One man was shot and left dead. The other man was recently granted his freedom after a Tampa jury found him not guilty for his role in shooting and killing the other. What led the jury to acquit the shooter?
What Happened at the Dog Park?
On February 2, 2024, two men visited a dog park that they were both familiar with. Each man was a regular at West Dog Park Woods in northwest Tampa. For years, they both regularly met with other neighbors to walk their dogs together, as reported by the Tampa Bay Times.
That day, the two men were the only people at the park. There were no witnesses, and no cameras recorded the event that unfolded.
One man told his story of what happened. Gerald Declan Radford, 66, said John Walter Lay, 52, approached him and began hitting him. Radford says a tumble ensued, and he took out his gun and fired at Lay in self-defense.
Lay didn’t have a story to tell. He was struck by the bullet and died from his injuries.
A Case of Murder or Stand Your Ground?
One month after the shooting, Radford was arrested and charged with second-degree murder with a hate crime enhancement. Prosecutors argued that Radford killed Lay in an act of hate because Lay was gay.
The defense argued that the incident was a case of self defense. Radford’s legal team argued that the case should fall under Florida’s “stand your ground” laws. Stand your ground laws refer to Florida Statute Sections 776.012 and 776.013 which provide protection to individuals who use deadly force when they feel their life is in danger.
In December 2024, a judge ruled that the case did not match the criteria for a stand your ground dismal. Hillsborough Circuit Judge Samantha Ward denied the motion to dismiss and ruled that the case should go before a jury at trial.
In February 2025, the case was heard before a jury, and a verdict by a jury was made.
Related: Will “Stand Your Ground” Get Former FSU Receiver Travis Rudolph Out of Murder Charges?
Not Guilty Verdict in Shooting Case
A six-person jury found Radford not guilty of second-degree murder. If the jury had found him guilty, he would have faced life in prison.
The jury had another option in their decision. They could have found Radford guilty of a lesser charge of manslaughter with a weapon. The lesser charge carried a potential sentence of up to 30 years in prison. The hate enhancement could have led to life in prison.
The jury found Radford not guilty on all charges.
Hearing Both Sides of the Case
Prosecutors attempted to make a case that Radford was motivated to shoot Lay because he was gay. Among their evidence, they pointed to the testimony of other members of the dog walking group who said Radford was hostile and aggressive toward Lay. One witness testified that one week before the shooting, Radford said, “Here comes that f–king fa–ot, I want to kill him,” after seeing him approach the park.
On the other hand, Radford’s defense team said Radford had no choice but to defend himself. They pointed to comments made by Lay about Radford. Lay had said about Radford to a friend, “I thought, if he blocks my path again, I’ll try to tackle him. He’s really older than he looks. He’s weak and feeble. I’ll keep you informed. This weekend should be drama.”
Radford’s team argued that Lay was committing felony battery on Radford during the encounter, which gave Radford the right to use deadly force.
A judge who heard both sides of the case in December did not believe the case qualified for a stand your ground dismissal, but the jury said they believed Radford was acting in self-defense. Radford will walk away a free man.
The rule 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.
Support Those Impacted by Gun Violence
Along with The Oulson Family Foundation, TJ Grimaldi works to support families who have been impacted by gun violence. TJ is the Executive Director and Board Member of the 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.
