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Hearing Resumes For Deputy Who Shot Man With Air Rifle

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FORT LAUDERDALE (CBSMiami/AP) — More testimony is scheduled for Monday in a hearing for a Broward Sheriff's deputy who shot and killed a man carrying an air rifle.

Deputy Peter Peraza, who has been charged with manslaughter, wants the case thrown out under the state's "Stand Your Ground" law.

Last Thursday, Paraza took the stand in his own defense. He testified that Jermaine McBean refused police commands to drop the weapon, then turned and pointed the authentic-looking gun toward deputies in July 2014.

"I've never been so scared in my life," said Peraza who added that he thought "He's going to kill me. He's going to kill somebody."

In previous hearings, McBean had been described as being bipolar and recently recovering from a serious mental episode. He had just purchased the air rifle at a nearby pawn shop.

Peraza, 37, said he and the other deputies had no way of knowing that.

Peraza testified that McBean at first was carrying the camouflage-designed rifle like a cane, and then put it across his shoulders behind his neck in a common military style as he approached his apartment complex, where families with children crowded the pool area. He said they ordered him to put down the gun, which he didn't

Suddenly, Peraza testified, McBean turned and pointed the gun at the officers.

"Completely defenseless, you have all these women and children in the pool area trying to enjoy their day," Peraza testified. "I don't know if my heart can race any faster and my fear level can go any higher."

Peraza fired three shots, killing him.

McBean's family said he likely did not hear police commands because he was listening to music. Peraza testified he did not see earbuds in 33-year-old McBean's ears before the shooting.

McBean was black. The 37-year-old Peraza is white.

If Circuit Judge Michael Usan finds in Peraza's favor, the charge will be dropped and there will be no trial. If convicted by a jury, Peraza faces up to 30 years in prison.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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