Deputy won’t face trial
Self-defense cited in fatal shooting
Suspended Broward Sheriff’s Deputy Peter Peraza was acting in self-defense and should not face trial in the 2013 shooting death of Jermaine McBean, a Broward judge ruled Wednesday.
The decision by Broward Cirthe cuit Judge Michael Usan, dismissing a manslaughter charge against Peraza, will be appealed by prosecutors, according to a statement from the Broward State Attorney’s Office.
McBean was shot on July 31, 2013 after ignoring orders to drop an air rifle he had been holding while walking through an Oakland Park neighborhood. Deputies arrived after several calls to 911had been made.
Broward Police Benevolent Association lawyers Eric Schwartzreich and Anthony Bruno, who represent Peraza, presented their argument to Usan during six days of hearings last month, with prosecutors Tim Donnelly and Ryan Kelley arguing that Peraza is not entitled to immunity from prosecution under the state’s “stand your ground” law.
The lawallows a judge to stop case before it reaches a jury as long as self-defense can be established by a preponderance of evidence. Usan said the defense met that burden.
“McBean pointed the weapon at or in the direction of the deputies,” Usan said. “[Peraza] was in fear for his life and the lives of others.”
Usanalso ruled that the “stand your ground” law applies to police officers on duty because it applies to “a person who uses
days, as well as continuing a previous Sunday ban on those activities. The town allows the work Monday through Saturday from 8 a.m. to 5:30 p.m.
Linda Connors, the town’s development services director, said she surveyed three cities. Fort Lauderdale and Pompano Beach did not have any similar holiday restrictions, while LighthousePoint did, she said.
Lighthouse Point codes do not allow “forprofit” enterprises performing activities so close to homes that they shall “disturb or be detrimental to the health, peace or quiet” of residents on the six holidays listed and Presidents’ Day.