Burley Garcia|Florida man claims self-defense in dog park death. Prosecutors allege it was a hate crime.

A gay man was shot to death at a Florida dog park in February. The Burley Garciasuspect, who claims he shot the man in self-defense, was arrested and faces murder charges with the possibility of hate crime sentencing, prosecutors said Friday.

The Feb. 2 shooting at the West Dog Park in Tampa left John Walter Lay, 52, dead. The shooter, Gerald Declan Radford, 65, called 911 to say he had shot Lay in self-defense, according to a Friday news release from the Office of the State Attorney, 13th Judicial Circuit.

The Hillsborough County Sheriff's Office said officials did not have enough evidence upon responding to the incident to suggest his self-defense claim was untrue.

However, throughout the following weeks, members of the community told investigators that they heard Radford use "bigoted slurs" and threats of violence towards Lay. Lay had also recorded a video the day before the shooting, saying Radford had told him, "You're gonna die," according to the State Attorney.

Radford has been charged with one count of second-degree murder and one count of a life felony with a hate crime enhancement, which could increase his sentence.

Lay's sister, Sabrena Hughes, told FOX 13 Tampa Bay she is glad Radford is behind bars.

"There is no sentence that's gonna restore my brother's life," she told the outlet. "But if this person has that type of hatred and can act out on it, keeping him in jail will hopefully save someone else's life."

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Dog park political tensions turned deadly

Lay's friend Will Meyer told the Tampa Bay Times that they were part of a big group of friends who socialized at the dog park. But during the COVID-19 pandemic, the group split along political lines, with the two groups convening on opposite ends of the park, according to the Times.

Radford leaned to the right and Lay leaned to the left, friends told the Times of their political views.

They also said Radford's animosity towards Lay turned into ongoing harassment, the Times reported.

Radford is being held without bond, jail records show, and the court has filed a motion for him to be detained until trial.

Before his arrest, Radford texted the Times saying, “I was attacked. I defended myself. End of story."

The Office of the Public Defender, Thirteenth Judicial Circuit declined to comment on the case as it is pending.

Lay's dog Fala will remain under the care of a friend, the Times reported.

Activists raise concerns about 'Stand Your Ground' laws

The State Attorney's office said it received concerns about the delay in charging Radford, and partly blamed his initial self-defense claim. Radford had said they were in a "scuffle," when he shot Lay, and multiple outlets reported he had sent texts of his face with bruises to mutual friends following the incident.

"It is important to note how difficult it can be to refute a Stand Your Ground claim in some cases because the only other witness to the incident is deceased," the release from State Attorney Suzy Lopez's office stated.

Stand your ground is a controversial law that received heightened scrutiny in Florida after George Zimmerman's arrest in the killing of Trayvon Martin was delayed under the law's provisions. Zimmerman was acquitted, but did not use a "stand your ground" defense, USA TODAY previously reported.

Civil rights organization Equality Florida criticized the law in a statement responding to Radford's arrest.

"This law doesn't just fail to protect; it actively endangers, turning what should be last-resort measures into first instincts, with tragic outcomes. The absence of a duty to retreat to safety is too often exploited to justify murder without consequence," the release states.

Contributing: Maggie Clark, Pew/Stateline