Family Depressed After Ruling Clears BSO Deputy In Shooting Death Of Man With Air Rifle
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FORT LAUDERDALE (CBSMiami) — The manslaughter charge has been dismissed against a Broward Sheriff's Office deputy who claimed self-defense in the 2014 fatal shooting of a black man carrying what turned out to be an air rifle.
Throughout his court hearings, fellow deputies have been rallying around BSO Deputy Peter Peraza. The 37-year-old became the first law enforcement officer in Florida charged for an on-duty shooting in nearly three decades.
On Wednesday, a Broward County judge threw out the case involving the death of 33-year-old Jermaine McBean.
"This case was never about race," said Peraza's attorney Eric Schwartzreich. "Mr. McBean would have been shot if he was black, red, yellow or green. Mr. McBean was walking down our streets and pointing a fire arm at deputy Peraza."
It turns out that gun was an "air rifle." Peraza said he did not know that and was in fear for his life, demonstrating what he said happened at a previous court hearing.
"It was a very quick reaction," said Peraza, who implemented a "stand-your-ground" defense. "Grabs the weapon, pulls it over his shoulders, turns and he points it."
McBean's family claims he was listening to music through his earbuds and never heard the command while walking home with the new BB gun he just bought at a pawn shop.
The mother and a brother of Jermaine McBean attended a meeting of Black Lives Matter in Fort Lauderdale on Wednesday evening.
Andrew McBean called the shooting death of his brother a "cover-up" by authorities.
"Jermaine died and the police lied about it and they continue to do it," he said.
He also decried the ruling by Judge Usan. He questioned how the stand-your-ground defense could be used by a law enforcement officer.
"If you open the door to stand your ground, every little shooting can easily be called now stand your ground," he said.
The judge wrote in his ruling that McBean suffered from mental health problems and was likely off his medication and using marijuana in the hours before the shooting. But McBean's family believe he was not in the midst of a psychotic episode, as the judge wrote.
"It's a complete smokescreen," said Andrew McBean. "Again, when the officers approached him was there a sign on his back that said 'bipolar?'"
Jermaine McBean's mother, Jennifer Young also questioned the use of the stand-your-ground defense.
"How can you find stand your ground when two officers that had their guns out, they didn't use it, why should the third one come in and shoot?" Young said.
Jasmen Rogers, a member of Black Lives Matter, concerned about how this ruling could affect future cases of police-involved shootings of African Americans.
"We were very, very angry to see that in Broward County, once again, an officer has been cleared of wrong doing," Rogers said. "We're concerned about the precedent that's being set in Broward County with an officer able to claim Stand Your Ground in the shooting of a civilian."
The state attorney's office is concerned, as well, and is appealing.
The office released a statement, which read, "We believe... that a law enforcement officer is not entitled to a dismissal of the charge based upon the Stand Your Ground Law."
The statement added, "While there is conflicting evidence, we feel a jury should resolve those conflicts."
Prosecutors said they believe an officer should not be entitled to the stand-your-ground defense and that they want a jury to decide the case.
So does McBean's family.
"We have to take this further because it's not right," Young said. "It's wrong. Totally wrong."
Click here to read the ruling.
