WEST PALM BEACH, Fla. (AP) — An appeals court is considering a judge’s dismissal of a manslaughter charge against a Florida deputy who fatally shot a black man carrying an air rifle.
Oral arguments were held Tuesday before the 4th District Court of Appeal by prosecutors and the attorney for Broward Sheriff’s Office Deputy Peter Peraza. A circuit judge last year threw out the manslaughter charge against Peraza under Florida’s “stand your ground” self-defense law, which allows residents to respond to physical threats with deadly force.
Prosecutors said the judge’s ruling was wrong and that a jury should hear the case.
Peraza was charged for fatally shooting 33-year-old Jermaine McBean in 2013 after 911 callers reported a man carrying a rifle down a busy street. Peraza is a white Latino.
An appeals court ruling is likely weeks or months away.