Judges at Florida’s Supreme Court have ruled that police officers can invoke the state’s “stand your ground” self-defense law to shield them from criminal prosecution in certain instances of deadly force.
The court issued the decision, with seven judges for and none against, in the case of Peter Peraza, a Broward County sheriff’s deputy charged with manslaughter in the 2013 fatal shooting of a man carrying what turned out to be an air rifle.
Jermaine McBean, a 33-year-old information technology worker, was walking home while wearing earbuds and carrying an uncovered air rifle, according to the background statement in the Supreme Court ruling.
“A concerned citizen called the police to report that McBean appeared distraught and was acting in an aggressive manner as he walked with a weapon, reported as a firearm,” Justice Alan Lawson wrote for the court.
Broward Sheriff’s Deputy Peter Peraza and another officer responded to the call, and “walking closely behind him, issued loud and repeated commands for McBean to stop.”
But the deputies’ commands were ignored. It was later speculated that McBean failed to heed the officers’ calls because he did not hear them over the headphones.
“He then brought the rifle over his head, turned toward the deputies and pointed the weapon directly at them,” Lawson wrote. “When Deputy Peraza perceived that McBean was aiming the weapon at him, Peraza fired his gun three times and shot McBean twice, killing him.”
Peraza was indicted on charges of manslaughter with a firearm.
Lawyers acting on Peraza’s behalf claimed he was forced to kill the 33-year-old in self-defense and cited Florida’s “stand your ground” law, which was a novel and largely unheard of use of the statute.
But David Schoen, an attorney for the McBean family, called the decision a “slap in the face.”
“This is a grave injustice that sends exactly the wrong message to the country at exactly the wrong time,” Schoen said in an email.
The Broward State Attorney’s Office, the agency that prosecuted Peraza, issued a statement on Dec. 13, saying the office was disappointed in the Supreme Court ruling.
‘Stand Your Ground’ Controversy
Florida was the first state to introduce the “stand your ground” law, which essentially lets anyone who justifiably fears for their life shoot to kill in self-defense.But application of the law has not been free from controversy.
Police had initially not charged Drejka over the July 19, 2018, shooting due to the “stand your ground” law.
The case was sent to the state attorney’s office for further review.
Surveillance video of the event went viral online, sparking criticism of the “stand your ground” law on social media.
Footage showed 28-year-old Markeis McGlockton shove Drejka to the ground. Drejka pulled out his gun while still down and paused before shooting McGlockton, although it looked as if McGlockton was backing away when Drejka shot him in the chest.
Civil rights advocates and public health experts have also been critical of the law.
“We found that the implementation of Florida’s stand your ground law was associated with a 24.4 percent increase in homicide,” the study’s authors wrote, “and a 31.6 percent increase in firearm-related homicide.”
“This doesn’t rule out the possibility that there might have been something else that happened that we don’t know about,” Humphreys said. “But the magnitude of the effect led us to believe that the only thing that could plausibly lead to that effect is ‘Stand Your Ground.’”
Mark Hoekstra, a professor of economics at Texas A&M University and author of the 2013 study, explained the possible causal link by suggesting that people may be more likely to engage in potentially violent, confrontational behavior.
“These laws are reducing the expected penalties associated with using lethal force in self-defense,” Hoekstra said. “In the aggregate, the data suggests more people are getting killed as a result of these laws.”