TAMPA, Fla. — Friends of a Tampa man said they're still demanding justice, maintaining he was killed for being gay.
John Walter Lay, known as "Walt," was shot and killed at West Dog Park on Feb. 2. His accused shooter, Gerald Declan Radford, says it was out of self-defense, but Lay's loved ones said he was targeted.
"None of us never imagined that this would happen," said Vicki Darlington, Lay's friend.
There have been no criminal charges filed.
In a text message to 10 Tampa Bay, Radford wrote: "Evidence will show that I acted in self-defense end of story."
"The jury's still out, but I think he's a liar," said Albert Darlington, Lay's friend and landlord.
Darlington said Radford texted him the day of the deadly shooting. In the message was a picture of Radford's face and text that read in part: "Walt attacked me at the park and I had to defend myself."
Darlington and other friends of Lay said Radford would often harass and use anti-gay slurs against Lay. They add they would often gather at a different part of the park to avoid Radford but the harassment continued.
More details surrounding the morning of the shooting have yet to be released.
The Hillsborough County Sheriff's Office said the investigation remains active. Once complete, it will be turned over to the State Attorney's Office.
The day before his death, Lay filmed himself at the park documenting an alleged encounter with Radford and shared it with a friend. In the video, Lay could be heard stating that someone had screamed at him and said, 'You're going to die. You're going to die.'" Lay added in the video, "I asked him to leave me alone and so far he has."
Friends of Lay said the dog park hasn't felt the same, adding that he brought everyone together.
"This should be a park for everybody, no matter who you are," Darlington said.
Self-defense or stand your ground doesn't fit in this scenario, said law professor Jeffrey Swartz of Cooley Law School's Tampa Bay campus. He is not involved with the case.
In those cases, Swartz said the force that's used has to be proportionate to the force that's being asserted to repel the attack.
"There is enough circumstantial evidence here that they should put the case before a jury," Swartz said.
When asked if the case would fit a hate crime charge, Swartz responded by stating, "It clearly was a hate crime and that's why I said, I think he has an animus towards people who are gay."
So far, there are no confirmed witnesses or videos of the shooting. Swartz said that could work in favor of the accused shooter.
"You don't have any direct testimony to contradict his story," Swartz said.
Lay's friends said they hope to have some form of memorial at the park to honor Lay.
"We are not going to let this rest. I don't care how long it takes," said Jeff Miller, Lay's friend.