TAMPA, Fla. — The Tampa man accused of killing another man for being gay will return to court Wednesday morning.
Gerald Radford is charged with second-degree murder with a hate crime enhancement being sought over the death of John Walter Lay. The fatal shooting took place on Friday, Feb. 2, at the West Dog Park. Authorities announced the arrest of Radford on Friday, March 8.
Newly released court documents show details leading up to the shooting based on Radford's statements to investigators. Previously, Radford denied to comment only stating he acted in self-defense.
Radford stated he shot and killed Lay only after Lay started an argument and attacked him first the morning of the shooting, according to court documents. Radford added a struggle ensued on the ground and he fired his gun at Lay.
Documents also show Radford also stated that Lay would "gaslight" him and say things to "wind him up."
However, multiple friends of Lay said it was Radford who would attempt to provoke Lay and wanted to avoid him at the park.
Friends also state Radford would often refer to Lay with anti-gay slurs but had also wished physical harm on him.
Investigators compiled statements from Lay's friends, along with video clips from Lay's cell phone, depicting encounters with Radford. One video was shot the day before and Lay stated Radford told him he was going to die.
"That wasn't in his nature. I mean, he was a loving kind person," said Lay's friend, Kim, who wishes to only be identified by her first name, during an interview last month.
Investigators said because Radford made a self-defense claim, they had to tread carefully to ensure they could make a strong case.
Cooley Law Professor Jeffrey Swartz, who is not involved in the case, says with no known videos or witnesses of the shooting, it could work in favor of Radford.
"The problem that he has is there are peripheral matters that occurred," Swartz said.
Circumstantial evidence could be used to find Radford guilty. Despite no witnesses the morning of the shooting, Swartz said statements from Lay's friends can also be effectively used against him.
"It can be very effective if they overheard threats being made towards the victim. That shows that there was some animus towards this person," Swartz said. "If he used epithets as it relates to his sexual preference, then that shows that he had a bias and a prejudice against the victim."
The hate crime enhancement only applies if Radford is found guilty of murder.
Pursuing hate crime cases remains rare and researchers said the incident numbers are often undercounted for various reasons. For instance, not all agencies report the data.
The U.S. Department of Justice states Florida reported at least 115 hate crime incidents against people in 2022.
10 Tampa Bay reached out to Radford's attorney for comment but did not hear back.