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Ex-sheriff’s deputy charged with manslaughter in shooting of an airman at his home

By Associated Press and FOX 5 Atlanta Digital Team
Updated  August 23, 2024 1:41pm EDT
Atlanta
FOX 5 Atlanta
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Hundreds of friends, family and teammates gather for Senior Airman Roger Fortson’s funeral service at Hurlburt Field, Florida. (U.S. Air Force photo by Staff Sgt. Alex Stephens)

CRESTVIEW, Fla. - A Florida Panhandle sheriff’s deputy was charged with manslaughter with a firearm in connection with the fatal shooting of an airman who opened his apartment door while holding a gun, prosecutors said Friday.

Former Okaloosa County deputy Eddie Duran was charged in the May 3 shooting death of Senior Airman Roger Fortson, Assistant State Attorney Greg Marcille said. The charge is manslaughter with a firearm, a first-degree felony punishable by up to 30 years in prison.

Marcille said a warrant had been issued for Duran’s arrest, but he was not in custody as of early Friday afternoon.

"I think this is the best that we could have hoped for in this particular case," said Sabu Williams, president of the local branch of the NAACP.

"I believe that the charge is appropriate," Williams told The Associated Press. "I think manslaughter was right on point."

Fortson, 23, was Black. Duran identified as Hispanic in the charging docs also: So, we could say "Duran listed himself as Hispanic on his voter registration, and the charging documents released Friday also identify him that way.

Authorities say Duran had been directed to Fortson’s Fort Walton Beach apartment in response to a domestic disturbance report that turned out to be false.

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After repeated knocking, Fortson opened the door while holding his handgun at his side, pointed down. Authorities say that Duran shot him multiple times; only then did he tell Fortson to drop the gun.

Okaloosa Sheriff Eric Aden fired Duran on May 31 after an internal investigation concluded his life was not in danger when he opened fire.

Reactions to former deputy Eddie Duran's indictment

In a statement after the indictment, a spokesperson for the Okaloosa County Sheriff's Office said that they stood by their decision to fire Duran and "continue to wish Mr. Fortson's family comfort and peace" as the case proceeds.

"The Okaloosa County Sheriff’s Office (OCSO) has been fully accountable and transparent in its compliance with statutory requirements, providing numerous public statements, making accessible the available body-worn camera footage and other related records, meeting with Mr. Forston’s family and legal counsel, and communicating openly with the U.S. Air Force and our community at-large," the statement continued.

Attorney Ben Crump, who represent Fortson's family called the indictment a "first steop towards justice."

"Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family," Crump said in a statement posted on X. 

Duran’s attorney, John Whitaker, did not immediately respond to a phone call and email seeking comment.

Previous Florida law enforcement indictments

It is highly unusual for Florida law enforcement officers to be charged for an on-duty killing — it has only happened four times in the last 35 years before Friday. Even then, only one of those officers has been convicted.

Four Miami-Dade officers were recently indicted on manslaughter charges in connection with a shootout with two robbers who hijacked a UPS truck. The shootout left the UPS driver and a passerby dead along with the hijackers.

Three police officers in the Okaloosa County town of Crestview are awaiting trial on manslaughter charges for the 2021 death of Calvin Wilks Jr., who died after they allegedly jolted him with a stun gun. Those officers have pleaded not guilty.

Former Palm Beach Gardens officer Nouman Raja is serving a 25-year prison sentence after being convicted of manslaughter and attempted murder for the 2015 shooting of Corey Jones, a Black man whose SUV had broken down on an interstate highway off-ramp. Raja, working undercover and in plain clothes, never identified himself as a police officer when he approached Jones and began yelling at him, an audio recording showed. Jones, fearing he was being robbed, pulled his licensed handgun and tried to flee. Raja pursued and killed him, trial testimony showed.

A Broward sheriff’s deputy was charged with manslaughter for the 2014 fatal shooting of a Black man who was carrying a air rifle he had just purchased. Deputies yelled at Jermaine McBean, who spun around and was shot by Deputy Peter Peraza. A judge later threw out that charge.

The U.S. Supreme Court has given law enforcement officers "qualified immunity" for their on-duty actions, making it difficult to charge and convict them for questionable shootings. The court says that officers can only be convicted if the evidence shows that their conduct was illegal and they should have known they were violating "clearly established" law.

The Associated Press contributed to this report