CRESTVIEW, Florida — A Florida Panhandle sheriff’s deputy has been charged with manslaughter with a firearm in connection with the deadly shoot down a pilot who opened his apartment door while holding a gun, prosecutors said Friday.
Former Okaloosa County Deputy Eddie Duran has been charged in the May 3 shooting death of Senior Airman Roger Fortson, Assistant District Attorney Greg Marcille said. The charge is a first-degree felony, punishable by up to 30 years in prison.
Marcille said an arrest warrant had been issued for Duran, but he had not been arrested as of Friday afternoon.
“I think this is the best we could have hoped for in this particular case,” said Sabu Williams, president of the local NAACP chapter.
“I believe the charge is justified,” Williams told The Associated Press. “I think manslaughter was absolutely justified.”
Fortson, 23, was black. Duran listed himself as Hispanic on his voter registration, and charging documents released Friday identify him as such.
Authorities said Duran was called to Fortson’s Fort Walton Beach apartment after a report of domestic violence turned out to be untrue.
After knocking repeatedly, Fortson opened the door, holding his gun at his side and pointing it downward. Authorities say 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 determined his life was not in danger when he opened fire.
Duran’s attorney, John Whitaker, did not immediately respond to a telephone call and email seeking comment.
It is highly unusual for Florida police officers to be charged with a murder while on duty — it has happened only four times in the last 35 years before Friday. And even then, only one of those officers has been convicted.
Four Miami-Dade police officers were recently charged with manslaughter in connection with a shootout with two robbers who hijacked a UPS truck. The shooting left the UPS driver and a passerby dead, along with the hijackers.
Three police officers in the Okaloosa County town of Crestview await trial on manslaughter charges for the 2021 death of Calvin Wilks Jr., who died after they allegedly shocked 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 he was convicted of manslaughter and attempted murder in the 2015 shooting death of Corey Jones, a black man whose SUV had crashed on a freeway exit ramp. Raja, who was working undercover and in plainclothes, never identified himself as a police officer when he approached Jones and began yelling at him, according to an audio recording. Jones, fearing he was being robbed, pulled out his gun and tried to flee. Raja chased him down and killed him, according to testimony during the trial.
A Broward deputy sheriff was accused of manslaughter for the 2014 fatal shooting of a black man who was carrying a pellet gun he had just purchased. Officers shouted at Jermaine McBean, who turned around and was shot by Officer Peter Peraza. A judge later dismissed that charge.
The U.S. Supreme Court has given law enforcement officers “qualified immunity” for their actions on duty, making it difficult to charge and convict them in questionable shootings. The court says officers can be convicted only if the evidence shows their conduct was illegal and they should have known they were violating “clearly established” laws.
Duran began his law enforcement career as a military police officer in the Army. He was hired by a police department in Oklahoma in 2015 after his military discharge. He joined the Okaloosa County Sheriff’s Office in July 2019, but resigned two years later and returned to the sheriff’s office in June 2023.
Okaloosa’s personnel records show that in 2021, he was reprimanded for failing to complete an assignment to confirm the addresses of three registered sex offenders by visiting their homes. He was then assigned to a high school as a deputy principal, and that year he was also disciplined for leaving school before the final bell and students were dismissed. Florida law requires an armed guard to be on campus when classes are in session.
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 duties was to load the plane’s 30mm and 105mm cannons during combat. He earned the Air Medal with combat device, typically awarded after 20 flights into a combat zone or for conspicuous gallantry or achievement during a single mission.
Duran went to the apartment complex on May 3 after receiving a report of domestic violence. Duran met with an apartment manager who directed him to Fortson’s fourth-floor apartment. He told him that there had been frequent arguments, according to the officer’s bodycam footage.
But Fortson, who had no criminal record, lived alone and had no guests that afternoon. He had a video call with his girlfriend, who told investigators they had not had an argument. She said Fortson was playing a video game.
The 911 records also show that officers had never been called to Fortson’s apartment before, but had been called to a nearby unit 10 times in the past eight months, including once for a domestic dispute.
When Duran arrived at Fortson’s door, he stood still for 20 seconds and listened. However, no voices are heard on Duran’s bodycam footage.
He then banged on the door, but did not identify himself. He then walked to the side of the door, about five feet away. He told investigators he was afraid the person inside would shoot through the door or open the door and push him over the railing and onto the ground, about 40 feet below.
He waited 15 seconds before pounding on the door again. This time he yelled, “Sheriff’s office — open the door!” He stepped aside again. A muffled voice can be heard on the video — Duran said he heard someone swearing at the police.
Not even 10 seconds later, Duran was back at the door and banged on the door again, announcing himself once again.
Fortson’s girlfriend told investigators that the pilot asked who was there but got no answer. She said Fortson told her he wouldn’t open the door because no one was coming to his apartment. She said neither of them heard the deputy shout that he was at the sheriff’s office.
After the third knock, Fortson told her, “I’m going to get my gun because I don’t know who that is.”
When Fortson opened the door with his gun in his hand, Duran said, “Step back,” and two seconds later started shootingFortson fell backwards to the ground.
Only then did the officer shout, “Drop the gun!”
Fortson replied, “It’s there.”
The officer called an ambulance, but Fortson died a short time later in hospital.
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Associated Press editor Terry Spencer reported from Fort Lauderdale, Florida.