In a recent legal development, Gerald Radford is claiming immunity from prosecution for the shooting death of Walter Lay under Florida's "stand your ground" law. Radford asserts that he acted in self-defense during a confrontation at the West Dog Park in Hillsborough County. His attorney, Matt Futch, detailed in a motion that Lay initiated the altercation by attacking Radford with a mug, resulting in injuries to Radford. The motion further explains that during the struggle, Radford felt an imminent threat to his life, prompting him to draw his firearm. An autopsy report allegedly corroborates Radford's account, showing injuries to Lay's knees consistent with being on top of Radford during the incident.

Prosecutors have yet to respond to the motion, as the case remains pending. The shooting has garnered attention not only for its tragic circumstances but also because prosecutors plan to seek an enhanced sentence under the state’s hate crime statute due to Lay’s sexual orientation. A hearing has been scheduled for November 12 to address the motion to dismiss.