At least for now because prosecutors plan to appeal the decision by Broward Circuit Judge Michael Usan, according to the South Florida Sun Sentinel.
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However, witnesses who spotted McBean walking through an apartment complex with the rifle slung over his should called 911 – which is something we should refrain from doing unless we are absolutely certain it is an emergency.
Peraza testified that he believed McBean had a deadly firearm and he feared for his safety. “Mistakes happen. Accidents happen. In this day and age, in this climate when people are walking into malls and movie theaters, we need deputies like Deputy Peraza to be able to protect out community”.
McBean’s family now has several civil lawsuits against multiple officers who were involved in the shooting.
“We believe that the facts of the case do not support that this was a justifiable shooting”, the Broward State Attorney’s office said in a statement, declining additional comment. “By every indication, Deputy Peraza was justified in the shooting”.
McBean, 33, was an IT worker with a master’s degree and no criminal record.
“It is relevant to [the judge’s] consideration of whether the victim provoked the attack”, Usan wrote. In previous hearings, McBean has been described as being bipolar and recently recovering from a serious mental episode. McBean’s brother said. “Did they know that beforehand?”
Almost three years ago, Paraza confronted Jermaine McBean after 911 calls were made about a man carrying an unloaded air rifle around an Oakland Park neighborhood.
Peraza is not the most reliable witness considering he and other deputies initially lied about the 2013 shooting, claiming McBean had his ear buds in his pocket after he was shot and killed when a photo that later emerged showed he was wearing them in his ears, indicating he was listening to music and did not hear commands from deputies to drop his gun. Peraza said he fired when McBean appeared to begin swinging the weapon toward deputies.
Jesse Cosme, an activist with Black Lives Matter Alliance Broward and part of the Justice For Jermaine campaign, said the judge has set a risky precedent for prosecuting police. Two other deputies on scene did not open fire, they noted.
The 37-year-old Peraza last year became the first Florida law enforcement officer charged for an on-duty shooting in some 30 years.
The family of a man shot and killed by a BSO deputy is speaking out, Thursday, in hopes of bringing the case in front of a jury.
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“A life was lost, and this is a tragedy no matter how you look at it. As Sheriff, I was elected to enforce laws and keep our citizens safe”. I am not a judge and I don’t make legal decisions.
