Florida deputy indicted for manslaughter following fatal shooting of man who was carrying unloaded pellet gun
A Florida deputy has been indicted for manslaughter following the fatal shooting of a man who was carrying an unloaded pellet gun.
Jermaine McBean was killed in July 2013 as he walked home after buying the gun from a pawn shop.
Now, a Florida grand jury has indicted Broward County Sheriff's Deputy Peter Peraza, who has been suspended without pay and faces up to 30 years in prison if convicted.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," David Schoen, a lawyer for McBean's family,told NBC News.
McBean, a 33-year-old computer engineer, was shot dead in the courtyard of his apartment building.
Schoen had previously uncovered evidence that appeared to contradict some aspects of the police account of the shooting.
"There was not only a crime committed here but a complete coverup conspiracy going up the chain of command," Schoen said.
"I think ultimately it was the lying and coverup and the giving of an award that was simply too much for grand jurors to overlook."
In videotaped statements to investigators, Peraza said he opened fire because he feared for his life.
AMY BETH BENNETT/AP
This Oct. 22, 2013 photo, shows Gold Cross Award winners Sgt. Richard LaCerra, left, and Deputy Peter Peraza stand with Sheriff Scott Israel during the Broward Sheriff's Office Awards Ceremony at the African-American Research Library in Fort Lauderdale, Fla.
Police were responding to 911 calls of a man with a gun and the air rifle McBean carried "looked very real,” said Peraza's lawyer, Eric Schwartzreich.
Schwartzreich said he was "outraged” by the latest developments and added: “This was a justified shooting."
He insisted McBean pointed the gun at the officers and that Peraza "was simply protecting what he perceived to be a threat.”
The sheriff's department gave bravery award to Peraza while the incident was still under investigation. The sheriff later admitted that was a mistake.
The case is the first time since 1980 that a police officer in Broward County has been indicted for a fatal on-duty shooting.
The Sheriff's Office also faces a civil suit from McBean's family that charges race was a factor in the shooting.
The U.S. Justice Department has been monitoring the case for possible civil rights violations.
COMMENTS
(25)POST A COMMENT[Discussion Guidelines]
CARLOS NY
The officer who shot and killed tamir rice and john crawford should all be in the same boat. They screwed up, they lied in the official report and they should be prosecuted for the lives that they needlessly took. Justice is not hard. Double standards are the barrier to justice. If you bring incompetent officers who kill to justice, it sends the proper message back to the rest of the ranks. If you let killers go free, make excuses for them and ignore the coverups/corruption, the problem only gets bigger and more dangerous. This is common sense.
2 hours ago
LISA MCCOLLUM
Well said!
3 hours ago
CITY SIGS
Nothing in the article indicate any facts at all?? If the victim did point a gun , of any kind then he or she was asking for exactly act happened??
3 hours ago
DERRICK JOSEPH
Prosecutors and people of the jury have more access to facts and decided he should be charged. Are you second guessing the law? Why speculate the opposite way when he is already charged especially when cops are rarely charged? very telling of you
2 hours ago
CITY SIGS
Yes I support the Police, unlike a lot of people who assume police are wrong from the start and go form there. I also agree the grand jury is exposed to more facts then I am but if you have no facts to report that support any aspect of the event then what is the motivation to write the article? Simply to create a prejudice against the police. I have found if you do not commit crimes or point weapons at police you don't usually have interaction with them.
2 hours ago
CARLOS NY
the very idea of "supporting the police" is stupid. There doesn't need to be a built in fan base for public servants. we PAY them to do a job. The enforcers of law must be role models. They must be the highest adherents of the laws that they enforce or corruption will infect the system. That's what we are seeing incompetent, panic, poor training, roid rage and a consistent dishonesty in official reports. Supporting corruption is the same as being on the take. Either you are for law and order or not. There is no gray area or middle ground.
3 hours ago
ROBERT RODRIGUEZ
Aren't people allowed to walk around with their 2nd amendment exposed in Florida?
2 hours ago
CITY SIGS
No. Open carry is not allowed in Florida.
1 hour ago
DON JOLLY
I have an uncle, a cousin and several friends that are NYC police officers, so I know all cops aren't bad. When something like this happens were's all the good cops? Why aren't they speaking out? As my family and friends have told me, the system is corrupt. If one of them was to speak out, he might as well quit because he wouldn't get any support on the street if a situation arose were he needed help. Someone might even get shot by a fellow officer. Not necessary to kill him but to get him off the street and to send a messege.
1 hour ago
DON JOLLY
The cover-up: Mr McBeans family distraught at a him (a computer engineer) getting killed by the police was wondering how this could happen. They wondered if he heard what the officer was saying because he always has his ear buds in listening to music. The police said he didn't have earbuds in, so they know he heard them saying drop the gun. In fact they told the family the coroner found the earbuds with is phone in his pocket. Now, unbeknownst to the police someone in the apartment complex took a picture of his body from a balcony. In the picture you can clearly see the earbuds in his ears. The police lied and tampered with evidence.
49 minutes ago
PATRICK
And where is this photo you speak of?
35 minutes ago
DON JOLLY
Good question: You could just search "Image McBean shooting FL" But I'll make it easy
Notice in the pic a police officers leg.
http://media2.s-nbcnews.com/j/newsc...9a874e44999ddf1a2b8a.nbcnews-ux-2880-1000.jpg
34 minutes ago
CARLOS NY
so much for honest cops.
32 minutes ago
CARLOS NY
what now, patrick? are you going to ignore the evidence or deal with reality?
2 hours ago
DON JOLLY
The facts: He had just bought the air rifle at a local pawnshop and was walking home with it over his shoulders. A witness (who happened to be the same person who called the police) said: the police officer ran up behind him and started shouting as Mr. McBean turned to see who was shouting, the officer shot him. The witness said Mr. McBean never pointed the gun at the officer, the gun never moved from his shoulders.
The witness, giving an interview to a local reporter, was clearly upset by the shooting, said: he wished he never called the police because they just gunned him down.
2 hours ago
BLACKHEYWOOD
I heard this story on the news, the White neighbor who called the cops initially said he saw the entire incident and the Black guy who lived in the complex but the guy across the street did not know, he said the guy DID NOT POINT THE GUN at the Police officer. The witness said he's suffering because he believes HE CAUSED the murder by calling the cops in the first place because of his personal feelings. It was sad because the White man was crying and apologizing all over the place. The victim has no criminal record, it was an air rifle he had and Florida is an open carry state. The witness said this was murder, he was broken up because he said repeatedly I am so sorry, if I only knew.
1 hour ago
CARLOS NY
one correction: florida is not an open carry state like ohio.
3 hours ago
MSCOLT1911
For a computer engineer, he sounded pretty stupid. If you are carrying a long gun around in public, put it in a hard case. Hell, disassemble it and put it in a duffel bag. If he had used the slightest bit of foresight, he would be alive today. Never give a cop a reason to kill you.
3 hours ago
ROBERT RODRIGUEZ
And on top of his stupidity is that Jermaine McBean was black and you know how that go!
34 minutes ago
PHIL DAVIS
He has nothing to worry about, juries in Floridah have NEVER convicted any policeofficer for anything ever...even when it was on video tape.
2 hours ago
JOSEPH MAJORINO
We have a problem with convicting the people who shoot for no reason and a bigger problem with the criminals who commit a crime get shot and cry police brutallity. This guy by walking around with a rifle put himself in that position and unless there is a video to show otherwise the cop should not have been charged. It should not be about black and white. George zimmerman shoud be in jail now. Mike brown was robbing a store and manhandling the owner on video so to me with the marks on the cops face that shoot was justified. I think we need to get obama out of office because he has made things worse. This is not to say that there are a lot of bad cops that are full of themselves and abuse their power. You wanna be safe then dont put yourself in a position to have a cop shoot you. When your caught your caught. By running fighting with a cop or carrying a weapon you run the risk of being shot and thats the facts. Some of these fools will blow up a small pot charge and wind up in jail or dead.
57 minutes ago
CARLOS NY
"This guy by walking around with a rifle put himself in that position and unless there is a video to show otherwise the cop should not have been charged.:"
you are a stupid man who doesn't read news articles, but instead comes to post his opinions with the information just a few digital inches over your head. READ stupid. READ and comprehend. then post.
47 minutes ago
DON JOLLY
Walking around with a toy isn't illegal, which is what he had.
38 minutes ago
CARLOS NY
we agree.
A Florida deputy has been indicted for manslaughter following the fatal shooting of a man who was carrying an unloaded pellet gun.
Jermaine McBean was killed in July 2013 as he walked home after buying the gun from a pawn shop.
Now, a Florida grand jury has indicted Broward County Sheriff's Deputy Peter Peraza, who has been suspended without pay and faces up to 30 years in prison if convicted.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," David Schoen, a lawyer for McBean's family,told NBC News.
McBean, a 33-year-old computer engineer, was shot dead in the courtyard of his apartment building.
Schoen had previously uncovered evidence that appeared to contradict some aspects of the police account of the shooting.
"There was not only a crime committed here but a complete coverup conspiracy going up the chain of command," Schoen said.
"I think ultimately it was the lying and coverup and the giving of an award that was simply too much for grand jurors to overlook."
In videotaped statements to investigators, Peraza said he opened fire because he feared for his life.
This Oct. 22, 2013 photo, shows Gold Cross Award winners Sgt. Richard LaCerra, left, and Deputy Peter Peraza stand with Sheriff Scott Israel during the Broward Sheriff's Office Awards Ceremony at the African-American Research Library in Fort Lauderdale, Fla.
Police were responding to 911 calls of a man with a gun and the air rifle McBean carried "looked very real,” said Peraza's lawyer, Eric Schwartzreich.
Schwartzreich said he was "outraged” by the latest developments and added: “This was a justified shooting."
He insisted McBean pointed the gun at the officers and that Peraza "was simply protecting what he perceived to be a threat.”
The sheriff's department gave bravery award to Peraza while the incident was still under investigation. The sheriff later admitted that was a mistake.
The case is the first time since 1980 that a police officer in Broward County has been indicted for a fatal on-duty shooting.
The Sheriff's Office also faces a civil suit from McBean's family that charges race was a factor in the shooting.
The U.S. Justice Department has been monitoring the case for possible civil rights violations.
COMMENTS
(25)POST A COMMENT[Discussion Guidelines]
- SORT
CARLOS NY
The officer who shot and killed tamir rice and john crawford should all be in the same boat. They screwed up, they lied in the official report and they should be prosecuted for the lives that they needlessly took. Justice is not hard. Double standards are the barrier to justice. If you bring incompetent officers who kill to justice, it sends the proper message back to the rest of the ranks. If you let killers go free, make excuses for them and ignore the coverups/corruption, the problem only gets bigger and more dangerous. This is common sense.
- Like
- REPLY
- SHARE
2 hours ago
LISA MCCOLLUM
Well said!
- Like
- REPLY
- SHARE
3 hours ago
CITY SIGS
Nothing in the article indicate any facts at all?? If the victim did point a gun , of any kind then he or she was asking for exactly act happened??
- Like
- REPLY
- SHARE
3 hours ago
DERRICK JOSEPH
Prosecutors and people of the jury have more access to facts and decided he should be charged. Are you second guessing the law? Why speculate the opposite way when he is already charged especially when cops are rarely charged? very telling of you
- Like
- REPLY
- SHARE
2 hours ago
CITY SIGS
Yes I support the Police, unlike a lot of people who assume police are wrong from the start and go form there. I also agree the grand jury is exposed to more facts then I am but if you have no facts to report that support any aspect of the event then what is the motivation to write the article? Simply to create a prejudice against the police. I have found if you do not commit crimes or point weapons at police you don't usually have interaction with them.
- Like
- REPLY
- SHARE
2 hours ago
CARLOS NY
the very idea of "supporting the police" is stupid. There doesn't need to be a built in fan base for public servants. we PAY them to do a job. The enforcers of law must be role models. They must be the highest adherents of the laws that they enforce or corruption will infect the system. That's what we are seeing incompetent, panic, poor training, roid rage and a consistent dishonesty in official reports. Supporting corruption is the same as being on the take. Either you are for law and order or not. There is no gray area or middle ground.
- Like
- SHARE
3 hours ago
ROBERT RODRIGUEZ
Aren't people allowed to walk around with their 2nd amendment exposed in Florida?
- Like
- REPLY
- SHARE
2 hours ago
CITY SIGS
No. Open carry is not allowed in Florida.
- Like
- REPLY
- SHARE
1 hour ago
DON JOLLY
I have an uncle, a cousin and several friends that are NYC police officers, so I know all cops aren't bad. When something like this happens were's all the good cops? Why aren't they speaking out? As my family and friends have told me, the system is corrupt. If one of them was to speak out, he might as well quit because he wouldn't get any support on the street if a situation arose were he needed help. Someone might even get shot by a fellow officer. Not necessary to kill him but to get him off the street and to send a messege.
- Like
- REPLY
- SHARE
1 hour ago
DON JOLLY
The cover-up: Mr McBeans family distraught at a him (a computer engineer) getting killed by the police was wondering how this could happen. They wondered if he heard what the officer was saying because he always has his ear buds in listening to music. The police said he didn't have earbuds in, so they know he heard them saying drop the gun. In fact they told the family the coroner found the earbuds with is phone in his pocket. Now, unbeknownst to the police someone in the apartment complex took a picture of his body from a balcony. In the picture you can clearly see the earbuds in his ears. The police lied and tampered with evidence.
- Like
- REPLY
- SHARE
49 minutes ago
PATRICK
And where is this photo you speak of?
- Like
- REPLY
- SHARE
35 minutes ago
DON JOLLY
Good question: You could just search "Image McBean shooting FL" But I'll make it easy
Notice in the pic a police officers leg.
http://media2.s-nbcnews.com/j/newsc...9a874e44999ddf1a2b8a.nbcnews-ux-2880-1000.jpg
- Like
- REPLY
- SHARE
34 minutes ago
CARLOS NY
so much for honest cops.
- Like
- SHARE
32 minutes ago
CARLOS NY
what now, patrick? are you going to ignore the evidence or deal with reality?
- Like
- REPLY
- SHARE
2 hours ago
DON JOLLY
The facts: He had just bought the air rifle at a local pawnshop and was walking home with it over his shoulders. A witness (who happened to be the same person who called the police) said: the police officer ran up behind him and started shouting as Mr. McBean turned to see who was shouting, the officer shot him. The witness said Mr. McBean never pointed the gun at the officer, the gun never moved from his shoulders.
The witness, giving an interview to a local reporter, was clearly upset by the shooting, said: he wished he never called the police because they just gunned him down.
- Like
- REPLY
- SHARE
2 hours ago
BLACKHEYWOOD
I heard this story on the news, the White neighbor who called the cops initially said he saw the entire incident and the Black guy who lived in the complex but the guy across the street did not know, he said the guy DID NOT POINT THE GUN at the Police officer. The witness said he's suffering because he believes HE CAUSED the murder by calling the cops in the first place because of his personal feelings. It was sad because the White man was crying and apologizing all over the place. The victim has no criminal record, it was an air rifle he had and Florida is an open carry state. The witness said this was murder, he was broken up because he said repeatedly I am so sorry, if I only knew.
- Like
- REPLY
- SHARE
1 hour ago
CARLOS NY
one correction: florida is not an open carry state like ohio.
- Like
- REPLY
- SHARE
3 hours ago
MSCOLT1911
For a computer engineer, he sounded pretty stupid. If you are carrying a long gun around in public, put it in a hard case. Hell, disassemble it and put it in a duffel bag. If he had used the slightest bit of foresight, he would be alive today. Never give a cop a reason to kill you.
- Like
- REPLY
- SHARE
3 hours ago
ROBERT RODRIGUEZ
And on top of his stupidity is that Jermaine McBean was black and you know how that go!
- Like
- REPLY
- SHARE
34 minutes ago
PHIL DAVIS
He has nothing to worry about, juries in Floridah have NEVER convicted any policeofficer for anything ever...even when it was on video tape.
- Like
- REPLY
- SHARE
2 hours ago
JOSEPH MAJORINO
We have a problem with convicting the people who shoot for no reason and a bigger problem with the criminals who commit a crime get shot and cry police brutallity. This guy by walking around with a rifle put himself in that position and unless there is a video to show otherwise the cop should not have been charged. It should not be about black and white. George zimmerman shoud be in jail now. Mike brown was robbing a store and manhandling the owner on video so to me with the marks on the cops face that shoot was justified. I think we need to get obama out of office because he has made things worse. This is not to say that there are a lot of bad cops that are full of themselves and abuse their power. You wanna be safe then dont put yourself in a position to have a cop shoot you. When your caught your caught. By running fighting with a cop or carrying a weapon you run the risk of being shot and thats the facts. Some of these fools will blow up a small pot charge and wind up in jail or dead.
- Like
- REPLY
- SHARE
57 minutes ago
CARLOS NY
"This guy by walking around with a rifle put himself in that position and unless there is a video to show otherwise the cop should not have been charged.:"
you are a stupid man who doesn't read news articles, but instead comes to post his opinions with the information just a few digital inches over your head. READ stupid. READ and comprehend. then post.
- Like
- REPLY
- SHARE
47 minutes ago
DON JOLLY
Walking around with a toy isn't illegal, which is what he had.
- Like
- REPLY
- SHARE
38 minutes ago
CARLOS NY
we agree.