FORT LAUDERDALE (CBSMiami) — The Broward Sheriff’s deputy accused of manslaughter in the death of a computer engineer wants the case dismissed before it gets to court.READ MORE: Parkland first responder weighs in on Uvalde massacre: ‘It’s gut wrenching’
In December, suspended BSO Deputy Peter Peraza was indicted by a grand jury on manslaughter charges.
Back in July 2013, Peraza was one of the deputies called to an Oakland Park apartment complex after reports of a man with a weapon.
Jermaine McBean, 33, had an air rifle on his shoulders he had purchased at a pawn shop and was walking to his Oakland Park apartment.
At the time Sheriff Scott Israel said McBean ignored warnings to drop his rifle and Peraza shot and killed McBean.
It was later found McBean was wearing earbuds and unlikely heard the commands.Residents fed up with Biscayne Bay parties
CBS4 News learned Wednesday the attorney representing Peraza has filed court papers using Florida’s Stand Your Ground law as a reason for dismissal.
Stand your ground allows deadly force when there is an imminent threat.
Attorney Eric Schwartzreich said, “It is a vehicle, another way for the judge to look at the case and dismiss this case because he’s immune from prosecution. My client thought there was a mass murderer at the swimming pool.”
Schwartzreich has also filed papers alleging there may have been bias in the grand jury pool that indicted Peraza.
In response to the filing, a statement was issued from Jeff Weinberger, organizer with Black Lives Matter Alliance Broward on behalf of Jennifer Young, Jermaine McBean’s mother:MORE NEWS: 'Hidden Worlds': An immersive voyage into deepest oceans & mesmerizing mangroves through state-of-the-art technology
“Both motions are a desperate attempt by Eric Schwartzreich on behalf of his client Peter Peraza, who was rightly indicted for 1st degree felony manslaughter, to avoid accountability for killing a beloved black computer engineer, Jermaine McBean, who never pointed the unloaded air rifle he was carrying behind his neck at any of the three BSO officers at the scene. Two eyewitnesses affirmed that, all the circumstantial evidence affirms that, and only those officers claim otherwise. The evidence itself will convict Peraza come the trial; the motions in question can be defined by two words: shameful and absurd.”