Court to consider defense for cops
Can ‘stand your ground’ apply?
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.