Appeals court to consider dismissing manslaughter charge against BSO deputy

Peter Peraza accused of fatally shooting Jermaine McBean in 2013

WEST PALM BEACH, Fla. - An appeals court is considering dismissing a manslaughter charge against a Broward sheriff's deputy who fatally shot a black man in 2013 who was carrying an air rifle.

Oral arguments were scheduled for Tuesday before the 4th District Court of Appeal by prosecutors and the attorney for Deputy Peter Peraza.

A circuit judge last year threw out the manslaughter charge against Peraza under Florida's "stand your ground" self-defense law.

Prosecutors said the judge's ruling was in error and that a jury should hear the case.

Peraza faced a potential 30-year prison sentence for fatally shooting Jermaine McBean, 33, in 2013 after 911 callers reported a man carrying a rifle down a busy street. 

A ruling by the appeals court is likely weeks or months away.

Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.