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Fired Florida sheriff’s deputy released on bail after fatally shooting black airman

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FORT WALTON BEACH, Fla. (AP) — A judge on Thursday allowed bail to be granted for a Florida sheriff’s deputy who was fired and charged with murder after he shot and killed a senior U.S. Air Force soldier within the doorway of a Black man’s apartment.

Former Okaloosa County Sheriff’s Deputy Eddie Duran, 38, could resist 30 years in prison if convicted of murder with a firearm, a rare charge against a Florida law enforcement officer. Duran’s body camera recorded him shooting Roger Fortson, 23, on May 3, just after Fortson opened the door with the gun pointed at the ground.

Judge Terrance R. Ketchel set bail at $100,000 and said Duran cannot possess a firearm or leave the premises, though he is not going to be required to wear a GPS tracker. He was released from jail shortly after Thursday’s hearing, jail records show.

Duran’s arrest warrant was issued Thursday, pending a detention hearing, despite arguments from his attorney Rodney Smith that there was no probable cause to arrest him.

“He spent his entire life … his entire career and military career trying to save people, help people,” Smith said at Thursday’s hearing. “He is not a threat to the community.”

Prosecutor Mark Alderman said “this is a case where we all know what happened.”

“We all saw what happened,” he said. “It’s just a matter of interpretation. We all saw that Mr. Duran killed Roger Fortson. It’s obvious that’s a very serious charge.”

Duran had been homeschooling his six children in recent months while he was unemployed and his wife worked full time, Smith said. Duran sat quietly within the courtroom Thursday, wearing a pink striped prison jumpsuit and glasses. He conferred along with his lawyers and the occasional clang of metal handcuffs might be heard.

The Okaloosa County Sheriff’s Office initially said Duran fired in self-defense after being confronted by a person with a gun, but Sheriff Eric Aden fired back on May 31 after an internal investigation found his life was not in peril when he opened fire. Outside law enforcement experts have also said an officer can’t shoot simply because a possible suspect is holding a gun if there isn’t a threat.

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Duran was responding to a report of a physical fight at an apartment in a Fort Walton Beach complex. An worker identified Fortson’s apartment as the situation, based on sheriff’s investigators. Fortson was alone in his apartment on the time, talking to his girlfriend on a FaceTime video call. Duran’s body camera footage showed what happened next.

After knocking repeatedly, Fortson opened the door. Authorities say Duran shot him multiple times before telling Fortson to place the gun down.

Duran told investigators he saw aggression in Fortson’s eyes and shot because “I’m standing there thinking I’m about to get shot, I’m about to die.”

In a press release after Thursday’s hearing, Smith said the deputy’s actions “were reasonable and appropriate given the information he was provided regarding the nature and urgency of what he deemed to be a potentially dangerous domestic situation.”

In a press release, he described Fortson as “an individual who armed himself before he simply responded to what may have been nothing more than a routine attempt by law enforcement to prevent a domestic violence situation from escalating.”

At Thursday’s hearing, Smith said his team had cooperated with authorities, saying “we turned him in. He’s not going anywhere.”

Smith confirmed there was video evidence of the shooting and that the case was within the national interest.

“We know we have defenses that we intend to use … qualified immunity, defending our position with respect to law enforcement,” Smith said.

The fatal shooting of the Georgia airman was only one in a growing list of black people being killed by law enforcement officers in their very own homes, and it has also renewed debate over Florida’s “Stand and Fight” law. Hundreds of Air Force blues joined Fortson’s family, friends and others at his funeral.

This article was originally published on : thegrio.com
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New York AG’s Letitia James urges Supreme Court justices to reinstate murder charges against officer who “intentionally” drove an SUV into a vehicle, killing an 11-year-old black girl

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New York’s Supreme Court of Appeals has reinstated murder charges against a retired state trooper within the death of an 11-year-old black girl 4 years ago after he allegedly crashed his police vehicle into her family’s SUV “like the Dukes of Hazard,” judges say. noted within the ruling.

Christopher G. Baldner faces charges of second-degree murder within the death of Monica Goods of Brooklyn and 6 counts of first-degree reckless endangerment following his initial indictment in October 2021.

Murder charges have been reinstated against retired soldier Christopher Baldner within the death of Monica Goods (Source: Ulster County Sheriff’s Office/GoFundMe).

But earlier this 12 months, Ulster County Superior Court Judge Bryan Rounds found that the evidence didn’t convincingly show that Baldner acted with a “betrayed indifference to human life” during a fatal traffic accident involving the family’s Dodge Journey in December 2020

As a result, Rounds dismissed the murder charge, effectively leaving Baldner to face only lesser crimes. He also reduced the reckless endangerment charges, limiting them to second-degree violations and cutting the overall number in half.

New York Attorney General Letitia James later challenged the result, appealing to the Appellate Division of the Third Judicial Department of the State Supreme Court, which agreed to reinstate all charges within the case Opinion 4-1 was given in Albany last Thursday.

Only one judge expressed opposition to the decision, while the bulk referred to the cruel language contained in the unique indictment issued within the case.

“The grand jury heard that in September 2019, the defendant ‘came out of the woods like gambling princes’ in his state police vehicle with sirens activated when he observed a minivan traveling at 80 miles per hour,” he added. is the opinion.

“The evidence of the December 2020 incident is comparable. The grand jury heard from witnesses that at roughly 11:40 p.m., the defendant “was looking to see if he could get one last ticket” before meeting his partner when he stopped an SUV for speeding.”

The court referred to the classic television series “The Dukes of Hazzard” – known for its shocking automobile chases and high-speed stunts.

In his dissent, Justice J.P. Egan Jr. admitted that Baldner “performed his job in a reckless and undisciplined manner” but argued that his actions didn’t constitute a “total disregard for human life”.

But the bulk disagreed, declaring that even when Baldner applied the brakes on his work vehicle throughout the pursuit, it was to “intentionally ram the SUV.”

The court emphasized that such actions are permitted under state police regulations only within the presence of a superior officer, and that Baldner’s behavior was consistent with a previous pattern of behavior.

The girl’s father, Tristan Goods, was behind the wheel of the SUV when the situation rapidly escalated following a traffic stop.

“(D)efendant initiated the traffic stop by angrily and vulgarly accusing Goods of driving over 100 miles per hour,” the ruling said, according to an affidavit filed by the girl’s father. “An argument ensued between the defendant and Goods in front of Goods’ wife and two children, who attempted to calm him down.”

Witnesses say the defendant left to pick up a supervisor but returned and pepper-sprayed the SUV without notice, causing Goods’ wife and kids to scream in pain. Goods, shielding his eyes, fled the scene when the spray can was found contained in the vehicle.

Baldner immediately gave chase, reporting to the dispatcher that the SUV was “getting away” and his pepper spray was still inside.

James’ post-indictment statement states that throughout the pursuit, Baldner rear-ended an SUV twice with the police vehicle. After the second time, the SUV rolled over several times before coming to rest the wrong way up.

Monica Goods was ejected from the vehicle and died from her injuries before the ambulance arrived.

The ruling stated that the appellate court accepted the daddy’s account of the incident, while emphasizing a very powerful details regarding the circumstances of every collision.

Attorney General James released a statement last week praising the court’s decision to hold Baldner accountable.

“As a former state trooper, Christopher Baldner was responsible for serving and protecting the people of New York, but the indictment accuses him of violating that sacred oath and using his vehicle as a deadly weapon, resulting in the senseless death of a young girl,” Jacob wrote.

“While nothing can return Monica Goods to the loving arms of her family, this court decision will enable my office to continue its efforts to obtain some semblance of justice for the Goods family. We must hold law enforcement to the highest standards and we will continue to work on this case to ensure justice is served.”

In one other statement concerning the ruling, the New York State Police Benevolent Association criticized the court’s decision.

“We strongly disagree with the decision, which we believe inappropriately reinstated the charge of ‘depraved indifference,’” the union said.

“We are deeply concerned that this ruling, if upheld, would set a dangerous precedent that would undermine the power of law enforcement officers to effectively do their jobs and protect and serve the general public. The PBA will proceed to support retired Trooper Baldner and canopy his legal fees as he seeks permission to appeal this decision.

 

This article was originally published on : atlantablackstar.com
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Two white men arrested on hate crime charges after terrorizing black woman at Louisiana Walmart

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Two white men have finally been arrested after being accused of harassing and terrorizing a black woman in what authorities are calling a hate crime. Dylan Reynolds and Micahel Walters were wanted on hate crime charges stemming from an incident that occurred Nov. 29 at a Walmart in West Monroe, Louisiana. reports.

According to the report, police were called in reference to a disturbance and property damage issue, and once they arrived, they found that the victim, a black woman, had been “intimidated while exiting the store in the parking lot…for no apparent reason.” The unidentified woman was accosted by Reynolds and Walters as she was exiting the Walmart and loading her belongings into her automotive. In the car parking zone, the men allegedly yelled at the woman and called her a “nigger.”

The woman tried to flee in her automotive, but one in all the 2 men chased her on foot, pushing an empty shopping cart. He then allegedly used a shopping card to hit the back of the woman’s automotive when she slowed down for “speed bumps” within the car parking zone near the doorway to the constructing, the police report noted. The woman’s automotive was damaged, costing her greater than $1,000 in repairs, and police also said her safety was threatened “while driving away from the two aggressors.”

After allegedly damaging the woman’s automotive, the men fled in a dark gray Dodge Ram 2500 pickup truck. The incident was captured on store surveillance footage. Both men were arrested and booked into the Ouachita Correction Center Thursday evening. Bail was set at $20,000 for every man Friday, reports.

 

This article was originally published on : www.essence.com
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Texas man exonerated after spending nearly 34 years in prison for wrongful conviction

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A wrongly convicted Texas man who spent 34 years in prison for a Eighties murder was acquitted Thursday, saying that while he couldn’t get back the years he lost, he’s glad and moving forward.

“I’m excited this day has finally come,” said Benjamin Spencer, 59.

A Dallas County judge granted the district attorney’s office’s request to dismiss aggravated robbery charge against Spencer, who was originally convicted in 1987 of murder in reference to the carjacking and death of Jeffrey Young.

“It’s a good day,” said defense attorney Cheryl Wattley, who has worked on Spencer’s case for greater than 20 years. “I’m trying not to cry.”

Wattley praised Dallas County District Attorney John Creuzot for taking a serious take a look at evidence that had been discredited in the case.

Creuzot said he felt “relieved and humbled to be able to help correct this injustice.”

Prosecution witnesses, including a jailhouse informant who had sought a lenient sentence, gave false testimony, Creuzot said. He added that prosecutors on the time also failed to supply the defense with evidence that may have excluded Spencer from the crime, including fingerprints.

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Spencer, who maintained his innocence, later saw his 1987 conviction overturned. However, he was retried and sentenced to life in prison for the aggravated robbery of Young.

He was released on bail in 2021 after the district attorney’s office found that his constitutional rights had been violated and that he had not received a good trial because of false witness statements and the concealment of evidence.

Earlier this 12 months, the Texas Court of Criminal (*34*) overturned his conviction and sent the case back to Dallas County.

Assistant District Attorney Cynthia Garza, who heads the Conviction Integrity Unit, said: “There is no credible or physical evidence that he was in any way involved in this crime.”

Spencer is one in every of 60 individuals with the longest convictions to be found innocent, in line with the National Registry of Exonerations.

Under Texas law, he’s entitled to a lump sum of as much as $80,000 for annually of imprisonment, plus a pension, Wattley said.

Wattley said Spencer tries to live honorably and “strives to be an example that others can be inspired by.”

This article was originally published on : thegrio.com
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