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Broward deputy won’t face trial in fatal 2013 shooting of Jermaine McBean
Prosecutors Said They Will Appeal The Judge’s Decision
July 29, 2016
Shooting of Jermaine McBean-Broward State Attorney’s Office spokesman Ron Ishoy said in a statement:
“While we respect the court’s decision, we disagree with its conclusion,” “We believe, based upon an appellate court decision, that a law enforcement officer is not entitled to a dismissal of the charge based upon the Stand Your Ground Law. While there is conflicting evidence, we feel a jury should resolve those conflicts. We believe that the facts of the case do not support that this was a justifiable shooting. At this moment, our thoughts go out to the family of the late Mr. McBean.“
Broward County Sheriff Scott Israel also released a statement after the ruling was handed down:
“A life was lost, and this is a tragedy no matter how you look at it,” Israel said. “As sheriff, I was elected to enforce laws and keep our citizens safe. I am not a lawyer. I am not a judge and I don’t make legal decisions. I pray for God to comfort all those affected and for our community to begin to heal and find peace.”
Peraza, testified last month in a hearing on a motion to dismiss under Florida’s stand your ground law, saying that he feared for his life in July 2013 when he shot McBean, 33, who was carrying an unloaded air rifle.
This is not your typical motion to dismiss hearing, (most motion hearings you’re lucky to get 10 minutes in front of the judge). This type of motion required an evidentiary hearing. That means evidence and testimony had to be taken for the judge to make a decision.
Again, this was not a quick 15 minute hearing. This evidentiary hearing went on for 5 days, (June 14, -June20), with the judge actually visiting the place of the shooting.
Deputy Peraza described the events that prompted him to shoot and kill McBean in the Oakland Park apartment complex. Peraza testified that McBean turned and pointed the gun at him and his fellow deputies.
“He’s going to kill me,” Peraza said he was thinking when he was confronted by McBean. “He’s going to kill somebody.”
“My focus is now solely on the rifle and his hands,” Peraza said. “His hands are kind of draped over the rifle.”
Peraza’s attorney, Eric Schwartzreich contended that the deputy shot McBean in self-defense.
Broward County Police Benevolent Association president Jeff Marano said in a statement:
“We are very pleased at the decision handed down by Judge Usan this morning,” “All we asked was that he follow the rule of law, and he did. We want to thank PBA attorneys Eric Schwartzreich and Anthony Bruno, and their team of investigators, for the aggressive, vigorous defense of Deputy Peraza. We also want to thank our membership for their emotional and monetary support of Deputy Peraza and his family during this very difficult time. We have said from the outset this was a justifiable shooting and the judge’s ruling confirms that fact.“
“This is a slap in the face to the grand jury and the people of Broward County,” the McBean family’s attorney, David Schoen, said.
“We are absolutely devastated. This is a complete miscarriage of justice and a travesty. A judge being able to throw out a trial when a grand jury for Broward County specifically decided to indict is a huge injustice,” Andrew McBean said.
“The case illustrates corruption in the system. At the end of the day, when we have a case where civilian eyewitness accounts completely undeniably go against the accounts of the officers, this case should have been pushed to trial. We have eyewitnesses that state Jermaine never pointed the toy air rifle at officers. It’s not an easy thing to re-live this loss over and over again. This case needs to go to trial.”
To read the complete 36 page decision
Shooting of Jermaine McBean-
We usually try not to give our opinion, and just report the facts as they come in.
However in this case we feel we must.
First let me say to the family of Jermaine McBean we are very sorry for your loss, and we mean no disrespect to you.
Under Florida’s Stand your Ground law, the test is reasonableness, which means what a reasonable person would do in the same situation.
So we ask you to put yourself in the deputy’s shoes.
Remember this all happened within a few minutes.
What would you do when you see a man with a gun walking into a busy apartment complex where kids were playing?
Most of us that are not law enforcement would go the other way, maybe calling the police as the first witness’s did.
We do not believe for 1 minute that the deputy was out to shoot someone. Does anyone really believe that this was race related?
If anything, if race came into play, it was probably the deputy’s first thoughts when finding out the person he was forced to shoot, of all people, was black.
When the judge granted the motion to dismiss, he basically was saying that if any of us would have shot Mr. Mcbean under the same circumstances, we would also have any charges against us dismissed.
I’ve lived in Florida along time and could all but guarantee you that if a civilian had shot him under those circumstances; most law enforcement officers in Broward would NOT have even arrested them.
We believe the deputy’s motive was to protect life.
If any of our visitors are upset by the previous “Opinion”, we would remind you this is not a site to trash the police.
We are NOT ANTI-PLOLICE.
We are NOT ANTI-GOVERNMENT.
But we ARE ANTI-CORRUPTION!
With that being said, there is still a FBI investigation into whether or not the officers tampered with evidence and conspired to cover up facts.
We remain vigil on that and will update when and if the Fed’s file charges, or close their investigation.
South Florida Corruption.com