Crime

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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