Florida

Hearing to Focus on Mental Records of Man Shot by BSO Deputy

A court hearing is set on access to the mental health records of a man killed while carrying an air rifle by a Broward Sheriff's Office deputy, who is charged with manslaughter.

A judge Thursday will consider the records issue in the case of BSO Deputy Peter Peraza. His attorney says 33-year-old Jermaine McBean's chronic mental problems may have played a role in his 2013 shooting death.

Peraza, 37, was indicted this past December and has pleaded not guilty to the charge. He faces up to 30 years in prison if convicted.

McBean's family has filed a federal wrongful death lawsuit contending that Peraza fired unnecessarily and that the 33-year-old McBean likely did not hear police commands that he drop the air rifle because he was listening to music through earbuds.

A photo taken shortly after the shooting appeared to show McBean wearing the earbuds.

Peraza told detectives that McBean had nothing in his ears that would have obstructed his ability to hear the deputy's commands to drop the rifle before the fatal shooting, according to the statement obtained by NBC 6 Wednesday.

Defense attorney Eric Schwartzreich has said Peraza was acting to protect the deputies and the public from a potential gunman in the July 2013 shooting.

Peraza is invoking Florida's so-called "Stand Your Ground" self-defense law in the shooting.

This is a developing story and will be continually updated throughout the day.

Copyright AP - Associated Press
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