A gay man who was shot at a dog park recorded a chilling video the day before he died, with his text messages now a crucial part of the suspect’s murder trail.
Gerald Declan Radford, who was 65 at the time of the shooting, was charged with manslaughter after 54-year-old John Walter Lay was shot and killed in February earlier this year.
Friends of both men said Radford, who claims he acted in self-defense, had harassed Lay for months, including making homophobic comments and threatening him.
The men reportedly became friends after meeting at the dog park, but the friendship soured after they had a confrontation over Lay being gay, according to WTVT.
A video Lay shot on Feb. 1, the day before he was shot, shows him documenting his reaction to an encounter with Radford.
Lay told the camera he was recording for a “video diary” that police said needed to be made.
“I’m trying not to call the police,” he added before recalling his morning events, which saw the pair encounter each other alone in the park.
“He came over and yelled at me, ‘You’re going to die, you’re going to die,’ and I asked him to just leave alone,” Lay said in the video, which was sent to friend Kim. Wolfley.
John Walter Lay, 54, was shot dead earlier this year on February 2 in an alleged hate crime
Gerald Declan Radford, who was 65 at the time of the shooting, was charged with manslaughter and now hopes new text messages will change everything in his case
Wolfley told People: “This seems to me like it was premeditated. It just made me sad when I saw the video.”
That same day, Lay sent a series of text messages that defense attorney Matthew J Futch claims is evidence that Lay had actually planned an attack on Radford.
“He really doesn’t intimidate me,” Lay wrote to Sue Jones, a friend who had regularly spoken to Lay about the situation between the two men.
‘I thought: if he blocks my path again, I’ll try to tackle him. He really is older than he looks. He is weak and feeble. I’ll keep you informed. This weekend should be a drama.’
About thirteen minutes later, Lay sent another one to Jones, which read, “He’s got bursitis! I think he wants me to hit him. In some crazy sex… I don’t know. Lol.’
Futch noted that the messages were sent after the video was recorded of Lay recalling their meeting earlier that day.
He then argued that the text messages show that, hours after Lay claimed Radford had threatened his life, “Lay was meticulously planning his attack and relishing the drama it would cause, without any notification to Sue Jones of the alleged threats made against him that same morning. .’
According to Futch, the text messages lead to the conclusion that Lay “intended to attack Mr. Radford.”
A video Lay shot on Feb. 1, the day before he was shot, shows him documenting his reaction to an encounter with Radford.
Hours after the shooting, Radford had sent text messages to a mutual friend of both men, writing, “I’m so sorry to tell you, Walt attacked me and I had to defend myself. I never thought he would go for me. I’m really sorry. I really had no choice, he was crazy.’
The message was accompanied by a photo of Radford with what appeared to be bruises under one eye, cuts on his nose and a graze above one of his eyebrows.
Fuch told the Tampa Bay Times Lay’s lyrics “seismically change the import of this case” and it should dismiss the case.
He described the situation as a ‘miscarriage of justice’, adding: ‘An innocent man has been in prison since early March. The state now has direct evidence that the alleged victim laid out his plan to handle the situation 18 hours before the shooting. a ‘weak and feeble’ man that the alleged victim said he was not really intimidated by.”
Erin Maloney, a spokesperson for the District Attorney’s Office, said in an email that the motion had been reviewed and “(we) maintain our position that the shooting was not an act of self-defense.”
Maloney added: “It also does not change our position that the suspect should be held in custody prior to trial.”
Radford had sent text messages to a mutual friend of both men after the fatal shooting, writing, “I’m so sorry to tell you, Walt attacked me and I had to defend myself. I never thought he would go for me. I’m really sorry. I really had no choice, he was crazy’
The complications of the case are intertwined with Florida’s “stand your ground” self-defense law, which states that a person who is not doing anything illegal and is attacked in a place where he or she has a right to do so can use deadly force if he or she reasonably believes it is is necessary.
Hillsborough State’s Attorney Suzy Lopez said in a statement in March that Radford acted “out of hatred in his heart,” reported People.
Lopez added, “We should all be able to enjoy a day at the dog park without fear of gunfire. This victim also deserved to live free from fear and discrimination based on his sexual orientation. The evidence shows that the defendant’s actions were motivated by hate, and we will be held accountable. My heart is with the victim’s family and large group of friends as we fight together for justice.”
Radford’s first bail hearing took place in March, where prosecutors argued that the bullet trajectory revealed by Lay’s autopsy “contradicted Radford’s account of the shooting,” the Tampa Bay Times reported.
Radford also claimed that Lay attacked him with a metal bottle during the 911 call. Two metal travel mugs were found at the scene, which Radford claimed was his and was unsure who owned the second.
The men had reportedly become friends after meeting at West Dog Park in Tampa, but the friendship soured after they got into an argument over Lay being gay.
According to the autopsy, Lay’s body was found to have multiple abrasions on his knees, and Radford was found at the scene with cuts and bruises to his face.
A friend of Lay’s, Samantha Hitchcock, claimed to have heard Radford repeatedly use homophobic slurs against both her and Lay, but that Lay had never started a fight with Radford.
She told People: “Walt has never provoked anything at all. He always ran away. He would say, ‘leave me alone’; he was just that kind of person.”
A Hillsborough County Sheriff’s Office homicide detective testified that a witness heard Radford say, “I just want to kill him,” after walking away from an argument with Lay days before the shooting.
Radford faces life in prison if convicted. If a jury finds him guilty of the lesser charge of manslaughter with a weapon, the sentence would typically be up to 30 years, but he could also face a life sentence plus a hate crime charge.