Sun Sentinel Broward Edition

Court to consider defense for cops

Can ‘stand your ground’ apply?

- By Rafael Olmeda Staff writer

The rifle looked real enough to Broward Sheriff’s Deputy Peter Peraza.

Jermaine McBean had it slung over his shoulders as he walked through the Oakland Park neighborho­od where he lived on July 31, 2013. He ignored orders to put the weapon down.

Then, according to Peraza, McBean turned around. He looked like he was about to aim it, Peraza said; there was no time to debate. Waiting for his next move could cost lives. Peraza fired.

The Florida Supreme Court will listen to lawyers argue today over whether Peraza must face justice in front of a jury.

Relying on Florida’s “stand your ground” law, Peraza convinced a Broward judge in 2016 that he cannot legally be prosecuted for shooting McBean. Under the law, an individual does not have to retreat and can legally use deadly force if the person reasonably believes doing so is necessary “to prevent imminent death.”

But whether law enforcemen­t officers are entitled to its protection­s remains in dispute — a legal conflict only the state’s highest court can re-

solve.

The Fourth District Court of Appeal upheld Broward Circuit Judge Michael Usan’s decision extending “stand your ground” protection to Peraza.

But in another case in another jurisdicti­on, another appeals court came to a different conclusion.

Haines City Police Officer Juan Caamano was accused of attempted battery for allegedly stomping on a man who was already subdued by other cops, and the Second District Court of Appeal in Central Florida determined that law enforcemen­t officers’ use of force is governed by another statute.

McBean, 33, was a computer engineer who had just purchased a realistic looking air rifle from a pawn shop near his home a short time before he was killed.

Air rifles are low power weapons that use compressed air to fire pellets. They are not as dangerous as real rifles, but the one McBean had was hard to distinguis­h from a more dangerous weapon, according to court testimony

McBean also may have been listening to music through a pair of earbuds, according to his family, which could explain why he ignored deputies’ orders.

Two other deputies on the scene did not fire at McBean, despite witnessing the same actions Peraza witnessed.

Prosecutor­s believe Peraza pulled the trigger too soon, and a grand jury charged him with manslaught­er. He was the first law enforcemen­t officer in the state to successful­ly use the stand your ground law to protect himself from prosecutio­n, said Broward Police Benevolent Associatio­n lawyer Eric Schwartzre­ich, who represents Peraza.

Whether the case will ever go to trial depends on what the Supreme Court decides.

Peraza remains on duty with the Broward Sheriff’s Office.

Lawyers for ex-Palm Beach Gardens officer Nouman Raja cited the Peraza case in trying to get his manslaught­er case dismissed. Raja is accused of shooting and killing stranded motorist Corey Jones nearly three years ago.

But the same appeals court that upheld Peraza’s stand-your-ground claim rejected Raja’s last week, without offering an explanatio­n.

Defendants who lose “stand your ground” motions are still entitled to argue self-defense in front of a jury.

 ?? JOE CAVARETTA / STAFF FILE PHOTO ?? Peter Peraza, center, waited in court with his wife Melinda, right, and his attorney Eric Schwartzre­ich in 2016.
JOE CAVARETTA / STAFF FILE PHOTO Peter Peraza, center, waited in court with his wife Melinda, right, and his attorney Eric Schwartzre­ich in 2016.

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