The Florida sheriff’s deputy who shot and killed senior U.S. airman Roger Fortson in his home in May has been charged with manslaughter, according to authorities.
The Okaloosa County, Fla., State Attorney’s Office confirmed to NPR on Friday that Eddie Duran, the former Okaloosa County sheriff who fired the shot that killed Fortson, will be charged with one count of manslaughter with a firearm.
Gregory Marcille, the assistant state attorney for Okaloosa County, said the manslaughter charge carries a maximum sentence of 30 years in prison. The Okaloosa County State Attorney's Office declined further comment as the investigation is ongoing.
Ginger Brown Madden, the Okaloosa County State Attorney, said in a statement that a warrant for Duran’s arrest is still outstanding.
In a statement to NPR, civil rights attorney Ben Crump, one of the attorneys representing Fortson’s family, said that the decision made by the state attorney’s office “marks the first step towards justice” for Fortson’s family.
"Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family," Crump said.
Following news of Duran's charges, the Okaloosa County Sheriff's Department issued a statement saying it stands by its decision to terminate Duran, finding his use of force "not objectively reasonable."
"The Okaloosa County Sheriff’s Office (OCSO) has been fully accountable and transparent in its compliance with statutory requirements, providing numerous public statements, making accessible the available body-worn camera footage and other related records, meeting with Mr. Fortson’s family and legal counsel, and communicating openly with the U.S. Air Force and our community at-large," the department said.
What happened to Roger Fortson?
Fortson was shot and killed on May 3 during an incident involving the Okaloosa County Sheriff's Office. According to authorities, the sheriff's office sent deputies to Fortson's apartment in response to a disturbance call that was placed. It is still unclear at this time who placed the call.
Fortson was alone in his apartment and on FaceTime with his girlfriend when a deputy, later identified as Duran, approached his door, his family's lawyers told NPR.
Duran is seen in body cam footage knocking on Fortson's door and announcing himself as law enforcement. Fortson then appears while holding a gun pointed toward the ground. Duran immediately fired shots multiple times.
Fortson later died in the hospital.
Brian Barr, another family attorney, previously told NPR there was a complaint regarding an apartment, but it was not Fortson's. Crump told reporters in May that Fortson did not hear Duran announce himself and grabbed his gun for protection, adding that Duran was never meant to go to Fortson's apartment.
Duran was later fired from his job following the incident
Following the deadly shooting, Okaloosa County Sheriff Eric Aden said that Duran reacted in self-defense after facing an "armed man." On May 31, the Okaloosa County Sheriff’s Department announced that Duran was fired after completing an internal affairs investigation.
The department's investigation concluded that Duran's use of deadly force was "not objectively reasonable and therefore violated agency policy." In its release, the sheriff’s office said the investigation was "limited in scope" in determining whether Duran violated the agency’s policy.
“This tragic incident should have never occurred,” Aden said. “The objective facts do not support the use of deadly force as an appropriate response to Mr. Fortson’s actions. Mr. Fortson did not commit any crime. By all accounts, he was an exceptional airman and individual.”
Following Duran's termination, Crump said that while his firing is a "step forward," it does not fully ensure justice for Fortson and his family.
"Just as we did for Botham Jean, Atatiana Jefferson, and Breonna Taylor, we will continue to fight for full justice and accountability for Roger Fortson, as well as every other innocent Black man and woman gunned down by law enforcement in the presumed safety of their own home," Crump said.
The Fortson Family experienced two losses this year
Two months after Roger Fortson died, his 16-year-old brother Andre was fatally shot in an apartment complex in Atlanta.
Andre Fortson was shot and killed in July after DeKalb County, Ga., police say two groups of people began to shoot at each other, local TV station WSB-TV reported.
Andre Fortson was pronounced dead at the scene. The motive behind the two groups' shootings is still unknown at this time.
On Aug. 1, DeKalb County authorities took Quintavious Zellner, 20, into custody on aggravated assault charges in connection to Andre Fortson’s death, according to WSB.
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