Judge Visits Scene Where BSO Deputy Shot Man Holding Air Rifle
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OAKLAND PARK (CBSMiami) – For the first time since the incident, suspended Broward Sheriff's Office Deputy Peter Peraza was back at the scene of the deadly shooting that led to him being charged with manslaughter.
Back in 2013, Peraza responded to an Oakland Park apartment complex and shot Jermaine McBean who was carrying an air rifle.
The judge, who will decide if Peraza can use the stand-your-ground law to get his case dismissed, viewed the swimming pool area where McBean walked.
"The judge is the juror in this case for this portion," said defense attorney Eric Schwartzreich. "You really learn when you go out to the scene of an event."
Back in court on the final day of Peraza's hearing, the judge listened – along with McBean's family – to 911 calls that came in before the shooting.
Schwartzreich also handled the unloaded air rifle McBean was carrying the day of the shooting.
"This weapon looks real, it is real and is not a BB gun. It is an air rifle that can kill," Schwartzreich said.
Prosecutors said McBean was no threat. They reiterated he wasn't an active shooter, he did not point his air rifle at the deputy and was wearing ear buds so he never heard any commands.
"He posed no threat because he had the rifle over his shoulders," the prosecutor said, demonstrating to the judge how McBean held it.
The judge said he would issue a written ruling, but he gave no timeline. It may take weeks for him to issue this ruling.
The case is being closely watched by community activists who said McBean should not have been shot and by law enforcement who think if Peraza goes to trial it will have a chilling effect on officers.
