FORT LAUDERDALE, Fla. (AP) — Florida prosecutors are asking an appeals court to order a trial for a deputy who fatally shot a black man carrying an air rifle.
A circuit judge last year dismissed a manslaughter charge against Broward Sheriff's Office Deputy Peter Peraza under Florida's "Stand Your Ground" self-defense law. Peraza faced 30 years in prison if convicted.
In the appeal released Friday, prosecutors say the judge ruled in error, and that there are numerous facts in the case that should be decided by a jury, not a judge.
The 38-year-old Peraza was the first Florida law enforcement officer charged for an on-duty shooting in 30 years. He fatally shot 33-year-old Jermaine McBean in 2013 after 911 callers reported a man carrying a rifle down a busy street. Peraza is a white Hispanic.