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Articles Tagged with Jermaine McBean

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Yesterday was a first for me. It was the first time I ever saw the lead detective in a murder case take the stand and testify that the accused was not guilty. It was also the first time I ever saw a prosecutor cross-examine his lead investigator and try to impeach him.

Its like we are living in bizarro world over here!

But these shockers are just the beginning. What you are about to learn will blow your mind. In fact, what I saw yesterday actually has me pretty upset. It took me a day of digesting what I saw before I could write about it. More importantly, the implications of yesterday’s testimony go far beyond the defenses in this case.

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I 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)

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On 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?

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