TAMPA, Fla. (WFLA) — A Hillsborough County man accused of murder is asking a judge to throw out the charge, claiming he acted in self-defense.
Gerald Radford, 66, took the stand in court claiming immunity in the shooting death of Walter Lay, known as “Walt” to friends and family.
Radford said he shot Lay in self-defense after being attacked by Lay at West Dog Park back on Feb. 2.
Friday during a stand-your-ground hearing, prosecutors argued the shooting was not only unjustified but it was fueled by hate.
Radford’s attorney questioned him on the stand asking, “Had you not drawn your firearm to defend yourself, do you believe you would have suffered great bodily harm or death?”
Radford, hysterically crying, answered yes, but prosecutors told a different story, arguing there was no scuffle.
They pointed to the bullet trajectory in Lay’s autopsy, saying it contradicted Radford’s account.
Justin Diaz, the lead prosecutor in this case, and Kelly Devers Hillsborough County’s chief medical examiner painted a picture of what could have happened during the encounter using a fake pistol and Skelton models.
“On top of him, kneeling on him at whatever angle would you still say? Is it a very hard angle for a person to achieve and to accomplish given the trajectory of this particular wound path?” Diaz asked Devers.
“Yeah, it’s still hard,” Devers responded.
Several witnesses testified Radford harassed Lay for months, repeatedly using homophobic slurs. Prosecutors present recorded jail phone calls where Radford used a homophobic slur to describe Lay after his arrest.
At the same time, Radford testified he had no issue with Lay, saying he shook his hand, congratulated him, and expressed that people shouldn’t hide who they are.
However, during interrogation Radford admitted to frequently using homophobic slurs to refer to Lay, including directly to his face.
Radford testified to not liking Lay because of his behavior toward him, and not his sexuality.
During interrogation, Hillsborough County detective Robert Harrop asked Radford if he was ever in fear during the altercation. Radford responded, “What is fear?”
Hillsborough Circuit Judge Samantha Ward is expected to issue a ruling next week.