John Walter Lay. (Photo via Justice4Walt/Facebook)
TAMPA | The State Attorney’s Office announced March 8 that second-degree murder charges have been filed against Gerald Declan Radford in the fatal shooting of John Walter Lay, a gay man murdered in the Egypt Lake-Leto area’s West Dog Park last month.
The Hillsborough County Sheriff’s Office conducted a death investigation Feb. 2. Deputies identified both Lay, 52, and his shooter, 65, who contacted 9-1-1 and claimed self-defense.
No arrest was made and there were no known eyewitnesses. HCSO advised Watermark that the investigation would be handed over to the SAO at its conclusion to determine if criminal charges should be filed. Radford was arrested March 8.
“The defendant alleged self-defense, but following a thorough investigation, the evidence shows Radford was the aggressor and was motivated by the fact that the victim was a gay man,” the State Attorney’s Office said in a press release. They also announced that the state will seek an enhancement as a hate crime.
According to the Tampa Bay Times, which spoke with some of Lay’s friends and family, Radford “had been harassing him at the park for months, hurling homophobic slurs and threatening him.” The outlet obtained a video in which he chronicled one such incident on Feb. 1.
“So this morning while I’m walking — and we’re the only two here — he comes up to me and 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 said in the recording.
According to prosecutors, multiple parties “came forward in the days and weeks following the shooting to report hearing Radford use bigoted slurs toward the victim, even talking about wanting to harm him while at the dog park.” Detectives also reviewed the video in question.
The State Attorney’s Office addressed concerns about how long it took to charge Radford as well. They noted “it is important to note how difficult it can be to refute a Stand Your Ground claim in some cases because the only other witness to the incident is deceased.”
“Throughout the course of this investigation, community members stepped forward with important information about ongoing tensions that helped add context to the incident,” they continued. “Combined with video recordings created by the victim before he was killed, investigators were able to build a strong case to bring to our office for prosecution.”
State Attorney Suzy Lopez also addressed the charges.
“We should all be able to enjoy a day at the dog park without the fear of gunfire,” she said. “This victim also deserved to live free from fear and discrimination based on his sexual orientation. The evidence shows the defendant’s actions were motivated by hate, and he will be held accountable. My heart is with the victim’s family and large group of friends as we fight for justice together.”
