Okaloosa Sheriff's Office fires deputy who killed airman at home

A Florida Panhandle sheriff fired a deputy Friday who shot and killed an airman at his home while holding a handgun pointed at the ground, saying the deputy's life was never in danger and that he should not have fired his weapon.

Okaloosa County Sheriff Eric Aden deputy fired Eddie Duranwho fatally shot Senior Airman Roger Fortson on May 3 after responding to a domestic violence call and being directed to Fortson's apartment.

Duran shot Fortson, 23, multiple times two seconds after he opened his door. Fortson held his legally possessed weapon in his right hand, body camera video broadcasts. It was pointed directly at the ground. Fortson was black. Duran, 39, listed himself as Hispanic on his voter registration.

A sheriff's internal affairs investigation released Friday concluded that “Mr. Fortson did not make any hostile attack moves and therefore the former deputy's use of deadly force was not objectively reasonable.” Outside law enforcement experts also said an officer cannot shoot just because a potential suspect is holding a gun if there is no threat.

“This tragic incident should never have happened,” Aden said in the statement. “The objective facts do not support the use of deadly force as an appropriate response to Mr. Fortson’s actions. Mr. Fortson did not commit any crime. By all accounts, he was an exceptional aviator and individual.

No criminal charges have been filed, but an investigation by the Florida Department of Law Enforcement is ongoing.

Duran did not return a voicemail left at a number given to him. Email and telephone messages seeking comments from his lawyer John Whitaker were not returned immediately.

According to the internal affairs report, Duran told investigators that when Fortson opened the door, he saw aggression in the airman's eyes. He said he shot because: “I'm standing there thinking I'm about to get shot, I'm about to die.” »

“It’s him or me at this point and I have to, I have to act rather than react,” he told investigators.

Lawyer Ben Crumpwho represents Fortson's family, said in a statement that Duran's firing “is a step forward, but it is not complete justice for Roger and his family.”

“This deputy’s actions were not only negligent, they were criminal,” Crump said.

Sabu Williamspresident of the Okaloosa County NAACP, applauded Aden's action.

“We appreciate what the internal investigation showed and what the sheriff has done so far,” Williams told the Associated Press. “We obviously don’t think this is the end.”

He said the NAACP has a good relationship with the Republican sheriff.

“Some of us might have wished things had happened a lot quicker, but I know due diligence needs to be done,” Williams said.

Duran is a veteran of law enforcement, his career beginning as a military police officer in the Army. He was hired by an Oklahoma police department in 2015 after his military discharge. He joined the Okaloosa County Sheriff's Office in July 2019, but resigned two years later. He joined the sheriff's office 11 months ago.

The apartment complex where Fortson lived is about 8 miles (13 kilometers) from Hurlburt Field, where Fortson was assigned to the 4th Special Operations Squadron as a special missions Airman serving on an AC-130J Ghostrider gunship. One of his roles was to load the aircraft's 30mm and 105mm guns during combat. He earned an Air Medal with Combat Device, which is typically awarded after 20 flights in a combat zone or for conspicuous gallantry or achievement during a single mission.

The events leading up to the shooting began shortly after 4 p.m. on May 3 when a tenant who lived near Fortson at the Elan Apartments in Fort Walton Beach called the management office to say she had heard what sounded like to an argument coming from his apartment.

The woman, whose name has not been released, told investigators after the shooting that she thought Fortson was in a relationship because she often heard a woman's voice coming from the apartment. She said she had heard previous arguments, but none like the one Friday afternoon.

“Before, it was just, usually, jokes,” she told investigators. “Nothing has ever been as bad as May 3.” She also thought a child was present.

But Fortson, who had no criminal record, lived alone and had no guests that afternoon. He was on a video call with his girlfriend, who told investigators they did not argue. She said Fortson was playing a video game.

An apartment complex manager called the sheriff's office at 4:24 p.m., and Duran arrived three minutes later. He met the manager in the parking lot and she directed him to Fortson's apartment on the fourth floor, telling him there were frequent arguments and body camera video broadcasts.

However, 911 records show that deputies had never been called to Fortson's apartment before, but had been called to a nearby unit 10 times in the previous eight months, including once for a disturbance domestics.

When Duran arrived at Fortson's door, he stood silently for 20 seconds outside and listened, but no voices inside are heard on his body camera.

He then knocked on the door, but without identifying himself. He then moved to the side of the door, about 1.5 meters away. He told investigators he feared the person inside would shoot through the door or open the door and push him over the rail and to the ground about 40 feet (12 meters) below .

He waited 15 seconds before knocking on the door again. This time he shouted, “Sheriff’s Office, open the door!” He moved away again. A muffled voice can be heard on the video – Duran said he heard someone cursing at the police.

Less than 10 seconds later, Duran backed up to the door and knocked again, announcing himself once more.

Fortson's girlfriend told investigators the airman asked who was there but didn't get an answer. She said Fortson told her he wasn't going to open the door because no one was coming to his apartment. She said none of them heard the deputy yell that he was at the sheriff's office.

After the third shot, she said Fortson told her, “I'm going to go get my gun because I don't know who it is.” »

When Fortson opened the door holding his gun, Duran said, “Stand back,” then immediately started shooting. Fortson fell backwards to the ground.

Only then did the deputy shout, “Drop the gun!”

Fortson replied, “It’s over there.” »

The deputy called paramedics, but Fortson died a short time later at the hospital.

When other deputies arrived, Duran entered the breezeway outside the unit and punched a wall with his right fist, according to the internal affairs report.

“F—,” he shouted.

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Republished with permission from The Associated Press.

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