The attorney for Gerald Declan Radford, the Florida man who earlier this year shot and killed John Walter Lay, an unarmed gay man walking his dog, says new evidence shows his client was acting in self-defense and should be set free while he awaits trial, the Tampa Bay Times reports.
Radford was arrested in March and charged with second-degree murder with a hate crime enhancement for shooting Lay on February 2 at a dog park in Tampa. Investigators and friends of both men describe Radford as a virulent homophobe who harassed Lay with threats and anti-gay slurs for months before killing the 54-year-old man out walking his dog, Roxy.
Hours before he was gunned down, Lay sent a video to friends detailing one of those alleged threats to kill him he had received earlier that morning from Radford.
βYouβre gonna die,β Lay claimed Radford told him.
While there is no dispute that he killed Lay, Radford claims he is the victim, that he acted in self-defense, and that Lay orchestrated the entire attack.
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In a conversation with Sue Jones, a mutual friend, Lay reportedly discussed the potential of a physical altercation with Radford.
βHe doesnβt really intimidate me,β Lay texted at 6:11 p.m. on Feb. 1, the day before the shooting. βI thought, if he blocks my path again, Iβll try to tackle him. Heβs really older than he looks. Heβs weak and feeble. Iβll keep you informed. This weekend should be drama.β
A few minutes later, Lay texts again, speculating Radford βwants me to beat him. In some weird, crazy sexβ¦I donβt know. Lol.β
Radfordβs attorney, Matthew J. Futch, said the text messages show Lay βmeticulously planning his attack and relishing in the drama it will cause without any mention to Sue Jones of the alleged threats made to him that very morning.β
Futch used the text messages to argue for a new detention hearing for Radford, who has been held without bail since his arrest in March. Radford is set to appear in court for a stand-your-ground hearing on Dec. 6.
Under Florida law, his murder charge will be dismissed if the judge finds he acted in self-defense. Depending upon the outcome of the stand-your-ground hearing, the trial is set to start early next month.
In the chilling video made by Lay the day before he was killed, he recalls an incident from moments earlier where he claims he was threatened by Radford.
βSo this morning while Iβm walking, and weβre the only two here, he comes up to me and tells, screams at me, βYouβre going to die, youβre going to die,β and I asked him to just leave me alone, and so far he has,β Lay says in the video.
Albert Darlington said he was Layβs friend and landlord. He recalled several incidents where Radford abused and threatened Lay, and said he doesnβt believe Radford acted to defend himself.
βIn my opinion, thereβs no way in hell this is really self-defense,β Darlington told the Times in February. βFor over a year, Dec [Radford] has done nothing but harass Walt [Lay]. He screams and hollers and calls him a f*gg*t every time he gets to the dog park. Heβll sit there and heβll say, βIβd like to punch him right in the f*ck*ng mouth.ββ
Layβs dog, Roxy, was rehomed with friends in the area.
















