Prosecutors Release Grand Jury Testimony Of Deputy Charged With Manslaughter

Follow CBSMIAMI.COM: Facebook | Twitter

BROWARD (CBSMiami) – The day before Broward Sheriff's Office deputy Peter Peraza walked out of the Broward County Jail last December charged with manslaughter in the shooting death of Jermaine McBean, Peraza walked into a grand jury room at the Broward County courthouse to answer questions from prosecutors.

During 51-minute discussion, Peraza walked through the shooting from the moment he got the call about a man walking down Oakland Park with a weapon.

Peraza testified that he was in his patrol car and passed McBean on Dixie Highway.

A prosecutor asked, "You did not witness him point the rifle at anyone, including yourself?"

"No," Peraza said.

But Peraza said he was still concerned – not knowing what McBean's intentions were.

"At this point, I don't know if he has an agenda going somewhere to use the weapon and he wasn't going to use it there. I don't know if his intentions at that point was to shoot at any particular person."

A prosecutor asked, "Did the fact that he may have been a resident walking home ever cross your mind at this point in time?"

"At this point, no." Peraza replied.

Next, as McBean walked into the Greentree Apartments, Peraza said Sgt. Richard LeCerra made a decision.

"(McBean's) walking into the complex, we can't wait. And he said this is not going to end well."

Peraza testified that deputies shouted commands at McBean to stop and drop the weapon but McBean kept walking and Peraza was still on high alert.

"Tell us why you still feel alarmed," a prosecutor asked.

"At this point, he's not responding to our commands," Peraza said.

Attorneys for the McBean family say that's because McBean had earbuds in his ears listening to music walking home from a pawn shop with his air rifle.

Peraza told grand jurors that he never saw earbuds in Jermaine McBean's ears on the day of the shooting and did not learn of them until a story in a newspaper a couple of years after the shooting.

During his testimony, Peraza said McBean walked past the office, laundry room and had just passed the pool area – where people were hanging out – when McBean stopped walking. Peraza testified he never saw McBean head towards the pool area or point the gun at anyone.

Peraza said he was about 10 to 15 feet away from McBean, within range of his Taser.

But Peraza told a prosecutor he didn't use the Taser "because it's not 100 percent effective. It may not have incapacitated him and he would have had the opportunity – if I had that out, I wouldn't have had my weapon out, and he would have had the opportunity to fire his weapon."

Investigators say Peraza fired three shots, killing McBean, who worked at Zimmerman Advertising in Fort Lauderdale.

Peraza testified that he thought McBean's weapon was real. In the months after the shooting, BSO gave Peraza and LaCerra awards for their actions that day.

"It was a tragic situation," Peraza testified. "We didn't receive the award for the actual firing or because of his death, we only received the award because of the actions. We put ourselves in the line of danger."

But the prosecutor said the award created a perception.

The prosecutor: "You know what the perception is?"

"Yes." Peraza said…

The prosecutor: "To try to assist or buttress what happened there by getting an award. Can you understand that, at least that perception?"

Peraza: "I understand, yes."

Some parts of the grand jury testimony were not released – specifically, Peraza describing the shooting. Prosecutors say those details are privileged.

Peraza has pleaded not guilty to the manslaughter charge. His attorney maintains that Peraza did nothing wrong and was simply doing his job by protecting the community.