Hearing on mental records of man shot by Broward County deputy

Jermaine McBean was killed while carrying an air rifle


FORT LAUDERDALE, Fla. –  A court hearing is set on access to the mental health records of a man killed while carrying an air rifle by a Florida sheriff's deputy, who is charged with manslaughter.

A judge Thursday will consider the records issue in the case of Broward Sheriff's Office Deputy Peter Peraza.

His attorney says 33-year-old Jermaine McBean's chronic mental problems may have played a role in his 2013 shooting death.

McBean was fatally shot by the 37-year-old Peraza while carrying an authentic-looking air rifle across his shoulders at an apartment complex.

McBean's family insists he was listening to music through earbuds and did not hear police commands to drop the rifle. 

Peraza faces up to 30 years in prison if convicted. He has pleaded not guilty.