A Florida Panhandle sheriff on Friday fired a deputy who at his home while holding a handgun pointed to the ground, saying the deputy's life was never in danger and he should not have fired his weapon.
Okaloosa County Sheriff Eric Aden fired Deputy Eddie Duran, who fatally shot 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 was holding his legally owned gun in his right hand, 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, 鈥淢r. Fortson did not make any hostile, attacking movements, and therefore, the former deputy鈥檚 use of deadly force was not objectively reasonable.鈥� have also said that an officer cannot shoot only because a possible suspect is holding a gun if there is no threat.
鈥淭his tragic incident should have never occurred,鈥� Aden said in the statement. 鈥淭he objective facts do not support the use of deadly force as an appropriate response to Mr. Fortson鈥檚 actions. Mr. Fortson did not commit any crime. By all accounts, he was an exceptional airman and individual.鈥�
No criminal charges have been filed, but a Florida Department of Law Enforcement investigation is ongoing.
Duran did not return a voicemail left at a number listed to him. Email and phone messages seeking comment from his attorney John Whitaker were not immediately returned.
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 fired because, 鈥淚鈥檓 standing there thinking I鈥檓 about to get shot, I鈥檓 about to die.鈥�
鈥淚t is him or me at this point and I need to, I need to act as opposed to react,鈥� he told investigators.
Attorney Ben Crump, who is representing Fortson's family, said in a statement that Duran's firing 鈥渋s a step forward, but it is not full justice for Roger and his family.鈥�
鈥淭he actions of this deputy were not just negligent, they were criminal,鈥� Crump said.
Sabu Williams, president of the Okaloosa County NAACP, applauded Aden鈥檚 action.
鈥淲e appreciate what the internal investigation has shown and what the sheriff has done to this point,鈥� Williams told The Associated Press. 鈥淲e don鈥檛 think this is the end of it, obviously.鈥�
He said the NAACP has a good relationship with the Republican sheriff.
鈥淪ome of us may have wanted things to happen a lot quicker, but I know due diligence has to take place,鈥� Williams said.
Duran is a law enforcement veteran, 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鈥檚 office in July 2019, but resigned two years later. He rejoined the sheriff鈥檚 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 aviator serving on an AC-130J Ghostrider gunship. One of his roles was to load the plane鈥檚 30mm and 105mm cannons during battles. He earned an Air Medal with combat device, which is typically awarded after 20 flights in a combat zone or for conspicuous valor or achievement on a single mission.
The events leading to the shooting began shortly after 4 p.m. on May 3 when a tenant who lived near Fortson in Fort Walton Beach's Elan Apartments called the management office to say she heard what sounded like an argument coming from his apartment.
The woman, whose name has not been released, told investigators after the shooting she believed Fortson was in a relationship because she often heard a woman鈥檚 voice coming from the apartment. She said she had heard previous arguments, but none like the one that Friday afternoon.
鈥淏efore it was just, usually banter back and forth,鈥� she told investigators. 鈥淣othing was ever to the extent it was on (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 had not been arguing. 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 fourth-floor apartment, telling him there are frequent arguments, body camera video shows.
However, 911 records show deputies had never been called to Fortson's apartment previously but they had been called to a nearby unit 10 times in the previous eight months, including once for a domestic disturbance.
When Duran arrived outside Fortson鈥檚 door, he stood silently for 20 seconds outside and listened, but no voices inside are heard on his body camera.
He then pounded on the door, but didn鈥檛 identify himself. He then moved to the side of the door, about 5 feet away (1.5 meters). He told investigators he feared that the person inside might fire 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 pounding on the door again. This time he yelled, 鈥淪heriff鈥檚 office 鈥� open the door!鈥� He again moved to the side. A muffled voice can be heard on the video 鈥� Duran said he heard someone cursing at the police.
Less then 10 seconds later, Duran moved back in front of the door and pounded again, announcing himself once more.
Fortson's girlfriend told investigators that the airman asked who was there but did not get a response. She said Fortson told her he was not going to answer the door because no one comes to his apartment. She said neither of them heard the deputy yell that he was with the sheriff鈥檚 office.
After the third knock, she said Fortson told her, 鈥淚鈥檓 gonna go grab my gun because I don鈥檛 know who that is.鈥�
When Fortson opened the door holding his gun, Duran said 鈥淪tep back,鈥� and then immediately . Fortson fell backward onto the floor.
Only then did the deputy yell, 鈥淒rop the gun!鈥�
Fortson replied, 鈥淚t鈥檚 over there.鈥�
The deputy called for paramedics, but Fortson died a short time later at the hospital.
When other deputies arrived, Duran walked into the breezeway outside the unit and struck a wall with his right fist, the internal affairs report said.
鈥淔-鈥�,鈥� he yelled.
___ Spencer reported from Fort Lauderdale, Florida. AP writers Freida Frisaro in Fort Lauderdale, David Fischer in Miami and Jeff Martin in Atlanta contributed to this report.
Terry Spencer, The Associated Press
