Prosecutor: Former deputy sheriff charged with manslaughter after shooting pilot in his home

FORT WALTON BEACH, Fla. (AP) — A Florida sheriff's deputy has been charged with manslaughter with a firearm, setting off a rare criminal case against a Florida police officer after a black U.S. Air Force soldier was killed for opening his apartment door while holding a gun pointed at the ground.

Former Okaloosa County Deputy Eddie Duran has been charged with shooting 23-year-old Roger Fortson on May 3, Assistant District Attorney Greg Marcille said. The charge is 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.

“This should serve as a reminder to all law enforcement officers everywhere that they have sworn a solemn oath to protect and defend, and that their actions have consequences, especially when they result in the loss of life,” civil rights attorney Ben Crump, who is representing the pilot's family, said Friday.

Sabu Williams, chairman of the local branch of the NAACP, told the Associated Press, “I think that's the best we could have hoped for in this particular case.”

Duran had registered as Hispanic on his voter rolls, and the charging documents released on Friday identify him as such.

Authorities said Duran was sent to Fortson's Fort Walton Beach apartment because of a domestic disturbance report that turned out to be false.

After repeated knocks, Fortson opened the door while holding his gun down. Authorities say Duran shot him multiple times before ordering 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.

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

Candles and framed photos of Fortson in uniform adorned the door of the apartment where he was killed. The complex is shaded by magnolias and oak trees and is home to a number of soldiers, said Robin Starr, 65, who lives down the hall from Fortson's unit.

Starr did not know Fortson, but said their mailboxes were close to each other. She has followed the case and said she thought the deputy's use of force was “excessive” — but also said she believed it was wrong for the pilot to open the door with a gun in his hand.

“It’s just sad all around,” she said.

It is highly unusual for police officers in Florida to be charged with a line-of-duty killing – before Friday, it had only happened four times in the past 35 years. And even then, only one of those officers was convicted.

Four Miami-Dade police officers were recently charged with manslaughter in connection with a shootout involving two robbers who hijacked a UPS delivery truck. The shootout left the hijackers, the UPS driver, and a bystander dead.

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

Former Palm Beach Gardens police officer Nouman Raja is serving a 25-year prison sentence after being convicted of manslaughter and attempted murder for the 2015 shooting death of Corey Jones. The Black man broke down with his SUV on a freeway exit ramp. Raja, who was undercover and working in plain clothes, never identified himself as a police officer as he walked up to Jones and began yelling at him, according to an audio recording. Jones, fearing he was being robbed, drew his licensed handgun and tried to flee. Raja chased him and killed him, according to testimony at the trial.

A Broward sheriff's deputy was charged with manslaughter for shooting a black man in 2014 who was carrying a newly purchased air rifle. A judge later dismissed the charge.

The U.S. Supreme Court has granted police officers “qualified immunity” for their actions in the line of duty, making it difficult to prosecute and convict them for questionable shootings. The court says officers can only be convicted if the evidence shows their conduct was illegal and they should have known they were violating “clearly established” law.

Duran began his career as a military police officer in the Army. After his discharge from military service, he was hired by an Oklahoma police department in 2015. 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 personnel records show that he was reprimanded in 2021 for failing to complete his assignment to confirm the addresses of three registered sex offenders through a home visit. He was subsequently assigned to a high school as an on-campus substitute and was also disciplined that same year for leaving school before the final bell rang and students departed. Florida law requires an armed security guard to be present on campus during classes.

The sheriff's office said in a statement Friday that it stands by its decision to fire Duran and has shown “full accountability and transparency” throughout the case.

The apartment complex where Fortson lived is about eight miles from Hurlburt Field, where Fortson was assigned to the 4th Special Operations Squadron as a special operations pilot on an AC-130J Ghostrider attack helicopter. One of his duties was to load the aircraft's 30mm and 105mm cannons during combat. He received an Air Medal with combat device, which is typically awarded after 20 flights in a combat zone or for special valor or achievement on a single mission.

Duran went to the apartment complex on May 3 after receiving the domestic disturbance call. There, he met the property manager, who took him to Fortson's fourth-floor apartment and told him that there were frequent altercations there, according to video from the deputy's body camera.

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

Additionally, 911 records show that officers had never been called to Fortson's apartment before, but had been called to a nearby apartment 10 times in the previous eight months, including once for a domestic dispute.

When Duran arrived at Fortson's door, he stood in silence for twenty seconds, listening, but Duran's body camera video shows no voices coming from inside.

He then pounded on the door but did not give a name. He then walked to the side of the door, about 5 feet away. He told investigators he feared the person inside might shoot through the door or open the door and push him over the railing and drop him to 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 moved aside again. A muffled voice can be heard on the video – Duran said he heard someone cursing at the police.

Less than ten seconds later, Duran stepped out the door again, hammered again and announced his arrival again.

Fortson's girlfriend told investigators the pilot asked who was there but received no answer. She said Fortson told her he wouldn't open the door because no one was coming into his apartment. She said neither of them heard the deputy call out that he was from 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.”

As Fortson opened the door with his gun in his hand, Duran said, “Stand back,” and two seconds later he began firing. Fortson fell backwards to the ground.

Only then did the deputy shout: “Drop your weapon!”

Fortson replied, “It’s over there.”

The deputy called an ambulance, but Fortson died a short time later in the hospital.

Anderson reported from St. Petersburg, Fla.; Martin reported from Atlanta. Terry Spencer in Fort Lauderdale, Fla., contributed to this story.