STATE OF FLORIDA v. PETER PERAZA

The state appeals from the circuit court’s final order granting a law enforcement officer’s amended motion to dismiss the indictment against him for manslaughter with a firearm. The officer was indicted after shooting a man who: (1) was walking down the street with an air rifle which appeared to be a firearm; (2) failed to obey officers’ commands to drop the weapon; and (3) pointed the weapon towards officers before being shot. The court found that the officer was entitled to immunity from prosecution under sections 776.012(1) and 776.032(1), Florida Statutes (2013), more commonly known as…