TAMPA, Fla. — The state attorney's office filed second-degree murder charges Friday against a man who claimed self-defense in a deadly Tampa dog park shooting. Officials called him the "aggressor."
The state also is seeking an enhancement as a hate crime against 65-year-old Gerald Radford, the Office of the State Attorney said in a news release. Loved ones of 52-year-old John Walter Lay, who went by "Walt," said Radford targeted him for being gay.
Hillsborough County Sheriff's Office deputies arrested Radford early Friday afternoon.
"I don't understand how you could say it's anything but a hate crime," said Albert Darlington, Lay's friend and landlord. "It's not my place to say what I think his penalty should be. I think it should be very severe for a very long time."
Radford called 911 during the morning of Feb. 2 and told dispatchers he shot a man at West Dog Park on North Occident Street. He said he and Lay were in a "scuffle" when he pulled out his gun and shot him.
There reportedly were no witnesses to the shooting or videos of the incident.
Four days passed before the Hillsborough County Sheriff's Office released a four-line news release that announced "no impending charges" but added that the state attorney's office would have a final review. Kim, who wished only to be identified by her first name, previously told 10 Tampa Bay she sent information to the Tampa Bay Times to shed more light on the investigation.
The outlet on Feb. 8 published a story headlined, "A fatal shooting riles a Tampa dog park. Was it self-defense or more sinister?"
Lay's friends claimed that while Lay and Radford shared differing political and social views, Radford would frequently harass Lay and call him anti-gay slurs.
A day before his death, Lay filmed himself at the park documenting an alleged encounter with Radford and shared it with a friend. In the video, Lay could be heard stating that someone screamed at him and said, "You're going to die. You're going to die." Lay added in the video, "I asked him to leave me alone and so far he has."
The state attorney's office said it acknowledged the length of time it has taken to conclude to charge Radford since the Feb. 2 shooting, saying in part, "It is important to note how difficult it can be to refute a Stand Your Ground claim in some cases because the only other witness to the incident is deceased."
It said its investigators have since built "a strong case to bring to our office for prosecution."
Colonel Frank Losat said investigators are not able to corroborate the video taken, but the clip and statements from those who knew Radford and Lay helped build their case.
"You can't rush through these cases," Losat said. "The homicide detectives have only one chance to put together a very thorough and efficient investigation, so they take their time, and they're very methodical on the evidence they collect."
Losat said Radford did not make a statement upon his arrest and that he asked for an attorney.
"We should all be able to enjoy a day at the dog park without the fear of gunfire. This victim also deserved to live free from fear and discrimination based on his sexual orientation," State Attorney Suzy Lopez said in a statement. "The evidence shows the defendant’s actions were motivated by hate, and he will be held accountable. My heart is with the victim’s family and large group of friends as we fight for justice together."