Articles Posted in Murder

Published on:

Screen Shot 2016-01-22 at 7.13.27 PMI can almost hear the moans coming from the State Attorney’s Office this week.  Poor guys, can even a week go by without another bombshell motion being filed in the Peraza case?

Last week we learned Jermaine McBean, the man who sadly lost his life in this case, suffered from some very serious mental health problems that explain why he would walk down the street with a rifle, freaking everyone out, and then point the gun at police.

This week was even worse – we learned that Deputy Peraza has actually been immune from prosecution the entire time. No, not because he wears a badge, but because his case presents a textbook example of Stand Your Ground immunity under Florida law.

Earlier this week, Deputy Peraza’s attorney, Eric Schwartzreich, filed a Motion to Dismiss citing immunity from prosecution in accordance with Florida’s Stand Your Ground laws. The motion is public record and is available on the Broward Clerk’s website. You can also read it here: Motion to Dismiss (Stand Your Ground)

Continue reading

Published on:

Screen Shot 2016-01-12 at 2.28.07 PMFor very basic reasons that any first year law student could appreciate, Florida’s death penalty has been declared unconstitutional. Now before you jump out of your seat, understand what this means – not that capital punishment is unconstitutional, but rather the manner in which it is obtained by prosecutors.

No, we are not talking about the method of execution.  This has nothing to do with lethal injection, electric chairs, hanging, or throwing momma from the train.  Instead, it is about a sentence imposed by a single person, a judge, instead of an impartial jury of the defendant’s peers.

This article will explain the one single issue that makes Florida’s death penalty laws unconstitutional and what needs to change to get them into compliance.

Continue reading

Published on:

Support Deputy PerazaI am so utterly disgusted with the prosecution of this case.  If you thought Deputy Peraza was innocent before, wait until you hear about the Motion to Compel Mental Health Records filed by his attorney, Eric Schwartzreich, yesterday.  It is public record and you can read it for yourself from the Clerk’s website, just like I did.

According to the motion, Jermaine McBean, the man who unfortunately lost his life in this incident, was suffering from a major mental health breakdown on the day of the shooting. In fact, family members told the New York Times and NBC News that McBean had a history for mental illness and was hospitalized a few days before the shooting because he stopped taking his medication.

The motion also describes McBean’s mental breakdown at work SIX DAYS before the shooting. During this work event, paramedics were called out and McBean was taken to the hospital for emergency psychiatric treatment.

Continue reading

Published on:

Screen Shot 2015-12-11 at 11.01.45 AMOn July 31, 2013, Dep. Peter Peraza and other members of BSO encountered Jermaine McBean at his apartment complex in Oakland Park. McBean, a 33 year old computer system engineer, was walking around the apartment complex with a newly purchased air rifle.

According to BSO deputies, McBean was unresponsive to their screams to put down the rifle. McBean’s family claims that he was wearing headphones that prevented him from hearing anything the deputies were saying.

The day after the shooting, BSO claimed that McBean turned and pointed the rifle in the direction of Dep. Peraza. If that is true, did the Grand Jury get it right? Was this a justified shooting? Why is the deputy now accused of a 1st Degree Felony punishable by 30 years in prison? Is this right?

Continue reading

Published on:

stand your groundSuspended BSO deputy Kevin McClernon is facing charges of Aggravated Battery with a Firearm following an incident where he shot a man named Michael Hinsch in the leg.  If convicted, Deputy McClernon faces a maximum sentence of 15 years in prison for the charge.

Does his case present a “Stand Your Ground” defense?  Was the use of lethal force justified?  Should Deputy McClernon enjoy immunity from prosecution?  In this article we explain Florida’s Stand Your Ground law and how it applies in court.

Continue reading