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Gerald Declan Radford admits he shot and killed John Walter Lay while the gay man walked his dog, Roxy, but says he should be freed under the state's 'stand your ground' laws.
The attorney for Gerald Declan Radford, the Florida man who earlier this year shot and killed John Walter Lay, an unarmed gay man walking his dog, says new evidence shows his client was acting in self-defense and should be set free while he awaits trial, the Tampa Bay Times reports.
Radford was arrested in March and charged with second-degree murder with a hate crime enhancement for shooting Lay on February 2 at a dog park in Tampa. Investigators and friends of both men describe Radford as a virulent homophobe who harassed Lay with threats and anti-gay slurs for months before killing the 54-year-old man out walking his dog, Roxy.
Hours before he was gunned down, Lay sent a video to friends detailing one of those alleged threats to kill him he had received earlier that morning from Radford.
“You’re gonna die,” Lay claimed Radford told him.
While there is no dispute that he killed Lay, Radford claims he is the victim, that he acted in self-defense, and that Lay orchestrated the entire attack.
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In a conversation with Sue Jones, a mutual friend, Lay reportedly discussed the potential of a physical altercation with Radford.
“He doesn’t really intimidate me,” Lay texted at 6:11 p.m. on Feb. 1, the day before the shooting. “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.”
A few minutes later, Lay texts again, speculating Radford “wants me to beat him. In some weird, crazy sex…I don’t know. Lol.”
Radford’s attorney, Matthew J. Futch, said the text messages show Lay “meticulously planning his attack and relishing in the drama it will cause without any mention to Sue Jones of the alleged threats made to him that very morning.”
Futch used the text messages to argue for a new detention hearing for Radford, who has been held without bail since his arrest in March. Radford is set to appear in court for a stand-your-ground hearing on Dec. 6.
Under Florida law, his murder charge will be dismissed if the judge finds he acted in self-defense. Depending upon the outcome of the stand-your-ground hearing, the trial is set to start early next month.
In the chilling video made by Lay the day before he was killed, he recalls an incident from moments earlier where he claims he was threatened by Radford.
“So this morning while I’m walking, and we’re the only two here, he comes up to me and tells, screams at me, ‘You’re going to die, you’re going to die,’ and I asked him to just leave me alone, and so far he has,” Lay says in the video.
Albert Darlington said he was Lay’s friend and landlord. He recalled several incidents where Radford abused and threatened Lay, and said he doesn’t believe Radford acted to defend himself.
“In my opinion, there’s no way in hell this is really self-defense,” Darlington told the Times in February. “For over a year, Dec [Radford] has done nothing but harass Walt [Lay]. He screams and hollers and calls him a f*gg*t every time he gets to the dog park. He’ll sit there and he’ll say, ‘I’d like to punch him right in the f*ck*ng mouth.’”
Lay’s dog, Roxy, was rehomed with friends in the area.
