Dog park shooting: New court documents detail moments leading up to Tampa man’s death

TAMPA, Fla. - State Attorney Suzy Lopez says it was a hate-fueled shooting at a Tampa dog park, but the accused shooter said he acted in self-defense after the victim attacked him. 

New court documents explain what happened in the moments leading up to the shooting at the West Dog Park in Tampa back on February 2nd that claimed the life of 52-year-old John Walter Lay. 

Gerald Radford, 65, is now being charged with second-degree murder with a hate crime enhancement. Prosecutors say he killed Lay because he hated that Lay was gay.

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"He was always trying to bring a smile. He was a peacemaker. He always tried to entertain everybody," Lay's sister Sabrena Hughes said.

Pictured: John Walter Lay. 

In new court documents, Radford told detectives that Lay had been "gaslighting" him for six months and that four months before the shooting, Lay told him "I don't know if I should tell you this, but I've been doing it on purpose just to see what your reaction would be." 

Over the next few months Radford said Lay would say things to him just to "wind him up," but Hughes said it was Radford who had been harassing Lay for more than two years.

Dog owners who frequent the park told detectives Radford has a history of calling the victim a homophobic slur and making derogatory remarks regarding the victim's sexual orientation. A day before the shooting, Lay recorded a selfie video saying Radford had threatened his life.

PREVIOUS: Family of man killed at Tampa dog park haunted by loved one’s last video message

"He comes up to me and screams at me, 'you're going to die,'" Lay said in the video.

The next day, Radford told detectives Lay said something to him at the dog park. Radford then cursed at him to leave. The documents say, "they walked towards one other, and [Radford] told the victim, ‘What are you going to do?’ He stated the victim then hit him, and he fell to the ground where a struggle ensued."

In the documents, detectives say Raford told them, "he tried to grab hold of the victim, at which time he fell over, and the victim was on top of him" and "That's when he pulled his gun and shot the victim one time in the stomach."

In a later interview, Radford told detectives he started going to therapy and, "realized the victim had both of the victim’s hands on the defendant’s gun during their physical struggle. He believes the victim was trying to turn the gun on him."

"People know my brother was not the aggressor, because he was never aggressive. He tried to walk away, try to make a joke. He would never be aggressive unless somebody outright attacked him," Hughes said.

READ: Prosecutors drop charges against man accused in deadly St. Pete crash

Pictured: Gerald Radford in his first court appearance. 

One dog owner who frequents the park told detectives in a sworn statement two weeks before the shooting she was standing eight feet away from Radford when she heard him say "I just want to f****** kill him" shortly after Lay walked by.

Radford also admitted to calling Lay homophobic slurs, but says he didn't like the victim because of how he treated him, not because he was gay.

"It was a hate crime. He hated that my brother was gay and that's why he killed him," Hughes said.

Prosecutors are treating this as a hate crime and if Radford is convicted of second-degree murder he could face an elevated sentence. FOX 13 has made attempts to get in touch with him for comment, but have not heard back.

It's not clear if the cup Radford claimed Lay hit him with was ever recovered from the scene but Lay's sister says the metal cup he usually takes with him to the dog park he left at home on his nightstand that day.

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