Attorney claims autopsy proves Deputy Peter Peraza is lying in manslaughter case

Report shows Jermaine McBean could not have pointed gun at deputies, lawyer says

FORT LAUDERDALE, Fla. – A Broward Sheriff's Office deputy claims he felt threatened and was forced to shoot a man in July 2013 who was carrying an unloaded air rifle.

But an attorney for Jermaine McBean's family claims that an autopsy shows that the deputy is lying.

A medical examiner said McBean, 33, died in 2013 as a result of multiple gunshot wounds and the computer engineer's death was ruled a homicide after BSO Deputy Peter Peraza shot and killed him following multiple 911 calls.

"He's carrying what looks like some sort of BB gun, shotgun. I don't know what it is," a 911 caller said.

McBean's family attorney, David Schoen, said the autopsy proves that Peraza's account of what happened doesn't add up.

Schoen said the report proves that McBean did not point the gun at Peraza and the two other deputies at the scene.

"If he was facing Peraza and he actually had his air gun leveled, you would expect to see some markings on his arms or on the stock of the gun itself and straight through the chest," Schoen said.

Local 10 News reporter Michael Seiden asked retired police chief and homicide Detective David Ward to take a look at the autopsy.

"The trajectory is downward, consistent with a person bent over, possibly in a threatening position," Ward said.

Seiden asked if deputies claims that McBean turned around and stood straight up, leveling his gun, is consistent with the autopsy report.

"Physics doesn't allow the bullet to hit here and go this way, and there's no indication in the autopsy report that it struck anything," Ward said.

In June, Local 10 News reporter Bob Norman interviewed a man who claims to have witnessed the shooting.

"Did he point the weapon at them?" Norman asked.

"Never did," the man said.

But Peraza's attorney said otherwise.

"I'm telling you, he pointed it at him because I know what the evidence is," defense attorney Eric Schwartzreich said.

A motion filed by Peraza's attorney Thursday also claims that another witness saw McBean "shrugging his shoulders like he didn't care what they were saying" instead of dropping the gun.

The motion seeks to have all mental health records pertaining to McBean released.

Schwartzreich maintains that McBean left his client with no choice but to open fire.

"What we know is he did not obey commands and he turned with a riffle toward deputies," Schwartzreich said. "What was Deputy Peraza supposed to do? Was he supposed to go home in a coffin?"

Schoen said McBean was wearing earbuds and didn't hear the deputy's commands to drop the weapon -- a fact that wasn't discovered until a photo of McBean's body surfaced after the shooting.


About the Authors:

Amanda Batchelor is the Digital Executive Producer for Local10.com.